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Littérature scientifique sur le sujet « Conflict of laws – Patents »

Auteur : Grafiati

Publié le 10 mars 2023

Mis à jour le 11 mars 2023

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Articles de revues sur le sujet "Conflict of laws – Patents"

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Smith, Tim. « A Phantom Menace ? Patents and The Communal Status of Space ». Victoria University of Wellington Law Review 34, n^o 3 (1 août 2003) : 545. http://dx.doi.org/10.26686/vuwlr.v34i3.5769.

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This paper provides an analysis of the interaction between the most important intellectual property right for the space industry, patents, and the international status of space as a "common area". It suggests that the conventional thesis upon which the application of domestic patent laws to space-based activities rests is an incomplete analysis of the legal interaction. A fundamental conflict between patent rights over inventions that make use of the intrinsic properties of the spaceenvironment is identified, and the implications of this conflict discussed. While the application of domestic patent law to space-based activities is nonetheless almost certainly legitimate as a matter of international law, this paper argues that the combined effect of States' patent grants over spacebased inventions is to undermine the status of space as a "common area".

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Kjølbye, Lars. « Article 82 EC as Remedy to Patent System Imperfections : Fighting Fire with Fire ? » World Competition 32, Issue 2 (1 juin 2009) : 163–88. http://dx.doi.org/10.54648/woco2009018.

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It has been a well-established principle of EC competition law that there is no inherent conflict between competition laws and intellectual property laws. However, there are indications that this view is coming under pressure. The European Commission’s pharmaceutical sector inquiry has identified a toolbox of practices engaged in by originator firms, which allegedly aims at hindering or delaying generic entry or competition from other originators. A number of these practices involve the strategic use of patents. As sector inquiries aim at giving effect to Articles 81 and 82 EC, the Commission’s preliminary findings raise the question whether strategic patenting engaged in by dominant firms is caught by Article 82 EC and, if so, in what circumstances. This article discusses these questions in light of the existing case law on the application of Article 82 EC to refusals to license intellectual property rights, in particular the Microsoft case, which has extended this case law to patents. The article discusses in particular whether practices involving patent clustering, secondary patenting, and defensive patenting may be caught by Article 82 EC.

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Contreras, Jorge L. « Private Law, Conflict of Laws, and a Lex Mercatoria of Standards-Development Organizations ». European Review of Private Law 27, Issue 2 (1 avril 2019) : 245–67. http://dx.doi.org/10.54648/erpl2019015.

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Technical standards created by industry standards-development organizations (SDOs) enable interoperability among products manufactured by different vendors. Over the years, SDOs have developed policies to reduce the risk that SDO participants holding patents covering the SDO’s standards will disrupt or hinder the development and deployment of these standards. These policies, including commitments to license standardsessential patents (SEPs) on terms that are fair, reasonable and non-discriminatory (FRAND), gain transnational application given the international character of SDO activities and are most effectively interpreted and applied on the basis of private law (contractual) principles. However, SDO policies are typically embodied in an SDO’s governing documents, which are in turn regulated by the law of the jurisdiction in which the SDO is based. This somewhat arbitrary linkage of SDO policies to national and state law has created inconsistencies in their interpretation and threatens to spark jurisdictional competition in an unproductive race to the bottom. This article poses the question whether it would be possible to decouple SDO policy interpretation from the patchwork of national and state laws that purport to govern such policies in favour of a common lexicon of interpretive principles derived from the shared understanding of SDO participants: a ‘lex mercatoria’ of standardization.

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Oser, Andreas. « The COVID-19 Pandemic : Stress Test for Intellectual Property and Pharmaceutical Laws ». GRUR International 70, n^o 9 (19 juillet 2021) : 846–54. http://dx.doi.org/10.1093/grurint/ikab091.

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Abstract The COVID-19 pandemic poses a challenge to certain standards in patent law as well as in pharmaceutical law. This paper discusses questions as to whether and under what conditions government-ordered or privately claimed compulsory licensing can contribute to controlling the pandemic. The existing obstacles and conflicts under the current legal framework, such as a lack of international harmonization and a lack of coherence between patent law (compulsory licensing) and pharmaceutical law (data protection), are outlined and discussed. A possible solution could lie in a modernization of relevant legal provisions to create an internationally harmonized balance between the public interest in using important patents in the present and in future emergency situations and the interest of patent owners and data and market exclusivity holders in allowing exemptions within clearly defined limits. The article concludes with a discussion of conditions that may influence possible solutions.

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Lipstein, K. « INTELLECTUAL PROPERTY : PARALLEL CHOICE OF LAW RULES ». Cambridge Law Journal 64, n^o 3 (novembre 2005) : 593–613. http://dx.doi.org/10.1017/s0008197305006975.

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IN a previous article it was contended that for the purpose of the conflict of laws the structure of immaterial property law (which term is used here to include patents and the like) is exceptional. Due to its privileged character accorded by the sovereign local authority it is territorial in the dual sense that such laws are strictly confined in their operation to their country of origin and that within that territory the application of foreign immaterial property law is excluded by its inherent limitation. In English and Commonwealth law this insight was concealed until recently by the assertion that the courts could only exercise jurisdiction in respect of claims based on their own national intellectual property law. Jurisdiction was thus functionally linked to the exclusive sphere of the applicable law.

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Rahmani, Somayeh, Amir Mahdi Ghorbanpoor Zarehshuran et Hamideh Rahanjam. « Evaluation of Rights Related to Public Health and Pharmaceutical Patents and Existing Conflicts According to National and International Laws ». Journal of Qazvin University of Medical Sciences 24, n^o 3 (1 août 2020) : 258–69. http://dx.doi.org/10.32598/jqums.24.3.6.

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Today, along with the relative expansion of public health around the world, various diseases such as AIDS, malaria, etc. are increasing in human societies. In this regard, the pharmaceutical industry is one of the most important industries that should be supported so that the inventors of new drugs have enough motivation to produce more effective drugs. On the other hand, the undeniable benefits of supporting pharmaceutical inventions pose a serious threat to developing and less developed countries, and may endanger the public health of these societies. In such situation, we should know which of these two principles is preferable to other and should be given priority: Public health as a basic human right or protection of pharmaceutical patents as an exclusive right of its owners? One of the most important issues discussed directly and indirectly in the World Trade Organization is ”public health”, especially the drug trade and the protection of pharmaceutical patents, and this organization has always protected the rights of drug inventors to maintain a balance between public health and freedom of access to medicine. Therefore, any legal system that wants to join this organization may face problems due to these two issues. This study aims to investigate the conditions and challenges of supporting pharmaceutical patents in legal systems in case of accession to the World Trade Organization.

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Dutt, Pawan, et Tanel Kerikmäe. « Reverse Payment Patent Settlements in the Pharmaceutical Sector and Competition Law – Do Lundbeck and Actavis Help to Bridge the Views Across the Atlantic Regarding the Delayed Market Entry of Cheaper, Generic Medicines ? » International and Comparative Law Review 13, n^o 1 (1 juin 2013) : 23–38. http://dx.doi.org/10.1515/iclr-2016-0056.

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Abstract Competition law and Intellectual Property law are remarkably divergent in scope and thus make for uneasy bedfellows. Although they both purport to help the consumer, their effects on the common market can be strikingly different. Recent decisions in the European Union and the United States of America have brought into focus the role of reverse payment patent settlement agreements. These agreements are generally of a commercial nature, and are agreements to settle actual or potential disputes which are related to patents. The questions which are sought by the parties to mutually settle range from infringement of a patent or the validity of a patent. When such a settlement agreement between a patent holder (in this instance the originator company) and a patent challenger (being a generic company) involves a value transfer from the originator to the generic company, coupled with a provision to limit or restrict the generic company’s ability to market its own product on the market, then certain interesting areas of conflict tend to come forward. The question arises whether this is simply a case of a company paying off its competitors to stay out of its market and delay the entry of cheaper, generic medicines, and is thus purely anticompetitive and harmful to consumers? Or whether the right to settle a patent dispute within the scope of patent laws is something which is outside the domain of Competition law? The European Commission and the Federal Trade Commission have displayed similar levels of distrust towards such commercial settlement agreements, and now the United States Supreme Court has weighed in with its own opinion. It remains to be seen how this matter will develop further in the courtrooms on both sides of the Atlantic.

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Tang, Zheng Sophia. « Validity in patent infringement proceedings – a new approach to transnational jurisdiction ». Queen Mary Journal of Intellectual Property 11, n^o 1 (19 février 2021) : 47–68. http://dx.doi.org/10.4337/qmjip.2021.01.03.

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Validity is frequently raised as an issue in patent infringement proceedings, either as a defence or as a preliminary question. Where a court may hear a dispute in relation to infringement of foreign patents, whether the court could and should adjudicate their validity is controversial. This article examines five approaches to this matter. It concludes that none of these approaches is perfect and that there is a lack of evidence-based assessment as to their efficiency. It then moves on to discuss the similar jurisdictional segregation which occurs between validity and infringement at the domestic level in those countries which have adopted a bifurcation system of patents. It suggests that measures adopted domestically may shed light on the international conflict, and that courts should consider factors exceeding those ordinarily considered by international lawyers. A jurisdiction ‘matrix’ is proposed, aimed at providing a pragmatic solution. It grants the court on infringement the initial power to screen the likelihood of success of the infringement claim and then the validity defence, taking into account the accuracy of decision, expertise, chances of success, sound management of justice and deterrence of torpedo defences, before making a decision on validity jurisdiction.

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Qisheng, He. « Chronology of Practice : Chinese Practice in Private International Law in 2020 ». Chinese Journal of International Law 20, n^o 3 (1 septembre 2021) : 581–623. http://dx.doi.org/10.1093/chinesejil/jmab031.

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Abstract This survey contains materials reflecting the practice of Chinese private international law in 2020. First, regarding changes in the statutory framework of private international law in China, three legislative acts, one administrative regulation on the Unreliable Entity List and ten judicial interpretations of the Supreme People’s Court were adopted or amended in 2020 on a wide range of matters, including conflict of laws, punitive damages, international civil procedure, etc. Second, 11 typical cases involving Chinse courts’ jurisdiction are selected to highlight the development in Chinese private international law, involving standard essential patents, abuse of market dominance, declaration of non-infringement of patent, asymmetric choice of court agreement and other matters. Third, nine cases on choice of law questions relating, in particular, to habitual residence, rights in rem, matrimonial property regimes and ascertainment of foreign law, are examined. Fourth, five cases involving anti-suit injunction or anti-enforcement injunction are reported and one introduced in detail. Fifth, the first occasion for on international judicial assistance of extracting DNA, as well as three representative cases on the recognition and enforcement of foreign judgments, are discussed. The Statistics of international judicial assistance cases in China is first released in this survey. Finally, this survey also covers five recent decisions illustrating Chinese courts’ pro-arbitration attitude towards the uncertainty brought about by contractual clauses referring to both litigation and arbitration.

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Voon, Tania, et Andrew D. Mitchell. « Patents and Public Health in the WTO, FTAs and Beyond : Tension and Conflict in International Law ». Journal of World Trade 43, Issue 3 (1 juin 2009) : 571–601. http://dx.doi.org/10.54648/trad2009023.

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By mandating patent protection for pharmaceutical products, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) of the World Trade Organization (WTO) creates difficulties for developing countries seeking to import medicines to deal with serious public health concerns. In 2001, WTO Members began working towards a solution to this problem. Their work led to a temporary waiver of certain TRIPS obligations and a proposal for a formal amendment of the TRIPS Agreement. However, the waiver remains underutilized and the amendment still lacks the necessary support of WTO Members for it to come into effect, suggesting that Members need to re-evaluate their commitment to affordable medicines while testing the workability of the waiver before making it permanent. Moreover, the potential of bilateral approaches to the problem of access to medicines for developing countries in the context of international trade is not being realized. On the contrary, preferential trade agreements concluded with the United States (US), in particular, are extending patent protection and diminishing flexibilities available under the TRIPS Agreement to address public health concerns. A pattern of contradictions exists between the WTO rhetoric on the one hand and Members’ domestic frameworks, bilateral agreements, and unilateral actions on the other. When it comes to attaining a coherent approach under international law towards reconciling patents and public health, the outlook is bleak.

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Thèses sur le sujet "Conflict of laws – Patents"

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横溝, 大., et Dai YOKOMIZO. « Patent Infringement by Multiple Parties and Conflict of Laws ». 名古屋大学大学院法学研究科, 2013. http://hdl.handle.net/2237/18566.

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KIM, Eonsuk, et 彦叔金. « Cross-border Enforcement of Patent Rights : Limits and Solutions in Current Conflict of Laws Regimes ». 名古屋大学大学院法学研究科, 2013. http://hdl.handle.net/2237/19350.

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Pratihar, Kalpana. « Pharmaceutical Patent in the Dock oh Human Rights : A Conflict with Right to Access Medicine ». Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-412804.

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Intellectual property laws bestow a time bound individual right to a right holder, which after a certain period dissolves into the society for the betterment of all. In theory it is meant to be a win-win situation for both individuals and the society but in practice it is not so. The purpose of this research paper is to investigate the reason of Intersection of IPR with Human Rights in the context of Pharmaceutical Patenting and access to medicine.’ In the body part of this paper, research questions have been distributed and discussed in separate chapters, starting from chapter 2. The chapters start from the legal framework of patent protection and right to health provisions enshrined in different international, regional instruments. The paper further continues with the discussion about the positive and negative sides of the patent protection of pharmaceuticals, in third chapter. Then in fourth chapter it tries to examine the situation of access to medicine in developed countries, United States of America and European Union and in developing countries, India and Brazil. In the fifth chapter, the paper discusses and examines about, who should be accountable for providing access to medicine. Moreover, the sixth chapter discusses the efforts provided by TRIPS flexibilities and the court cases in harmonizing intellectual property law to provide medicines’ accessibility and affordability. With summary, conclusion and recommendations in the end.

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Fei, Song Ran. « Exclusive or extraterritorial ? : jurisdiction in cross-border patent infringement, a Chinese perspective ». Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2139814.

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McBean, Jean 1948. « Conflict of laws and Canadian matrimonial property redistribution laws ». Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=63988.

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Alba, Betancourt Ana Georgina. « Cross-border conflicts of patents and designs : a study of multijurisdictional litigation and arbitration procedures ». Thesis, Queen Mary, University of London, 2015. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8918.

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This thesis examines procedural litigation problems arising when two parties have a conflict involving the same patent or design, with an impact in several jurisdictions, taking as a case study the litigation procedures of Apple and Samsung. The thesis asks whether this type of dispute is best resolved through a single procedure. If so, what would be the circumstances surrounding such procedure in terms of jurisdiction, applicable law, preliminary injunctions and enforcement of the decisions? It first identifies the problems related to the type of dispute when taking parallel actions in different National Courts. Then it examines the European litigation procedure of patents and designs and assesses how this system addresses the inconsistency of the national litigation regime. It argues that in relation to patents, the Unitary Patent Court (UPC) has the potential to solve some of the problems identified in the thesis and that a similar unitary system should be extended to disputes involving designs. However, in the absence of an effective international court system outside the EU for global disputes, it suggests that a single arbitration procedure is still needed. The thesis identifies the main legal barriers to an arbitration procedure as being: bringing the parties to arbitrate, the arbitrability of the dispute, the identification of applicable law and the need for preliminary injunctions. It is concluded that: the agreement to arbitrate should be facilitated by the authorities so that it is appealing to the parties; the arbitrability can be resolved by limiting the effect of the judgment to the parties; a flexible approach can be adopted to applicable law through the application by the arbitrator of ‘choice of law’ rules; and, even when a preliminary injunction is needed, the parties may recur to arbitration. The thesis concludes that the primary benefit of a single arbitration procedure would be the creation of a single award enforceable at international level.

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Ooi, Maisie Su Lin. « Shares in the conflict of laws ». Thesis, University of Oxford, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365525.

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Rogerson, Philippa J. « Intangible property in the conflict of laws ». Thesis, University of Cambridge, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.317842.

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Stingl, Harald. « Forum selection in the conflict of laws / ». Wien : Verlag Österreich, 2001. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=009337363&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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Waldburg, Oliver. « Anpassungsprobleme im internationalen Abstammungsrecht : unter besonderer Berücksichtigung des deutsch-portugiesischen Rechtsverkehrs ; gleichzeitig eine Analyse der neuen Kollisionsnormen Artt. 19, 20 EGBGB n.F. / ». Frankfurt am Main [u.a.] : Verl. für Standesamtswesen, 2001. http://www.gbv.de/dms/spk/sbb/recht/toc/324970668.pdf.

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Livres sur le sujet "Conflict of laws – Patents"

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Isabelle, Leroux, Bourguet Frédéric, Bird & Bird (Firm) et Institut national de la propriété industrielle (France), dir. Litiges de contrefaçon de brevets : Une étude comparative des systèmes juridictionnels. Paris : Documentation française, 2006.

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La protection juridique des inventions dans les relations commerciales entre la France et la Chine : Étude de droit comparé et de droit international privé. Paris : Librairie You-Feng, 2007.

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Kenkyūjo, Chiteki Zaisan. "Anchikomonzu no higeki" ni kansuru shomondai no bunseki hōkokusho. Tōkyō : Chiteki Zaisan Kenkyūjo, 2006.

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The impact of patent assertion entities on innovation and the economy : Hearing before the Subcommittee on Oversight and Investigations of the Committee on Energy and Commerce, House of Representatives, One Hundred Thirteenth Congress, first session, November 14, 2013. Washington : U.S. Government Printing Office, 2014.

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Zhuan jia dian ping yu jian yi : She wai zhuan li dian xing an li = Commentary and recommendations on foreign-related patent cases. Beijing Shi : Fa lü chu ban she, 2010.

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Sender, Marta Pertegás. Cross-border enforcement of patent rights : An analysis of the interface between intellectual property and private international law. Oxford [England] : Oxford University Press, 2002.

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Impact on U.S. exporters of the new GATT patent accord : Hearing before the Subcommittee on International Economic Policy and Trade, Committee on International Relations, House of Representatives, One Hundred Fourth Congress, first session, October 25, 1995. Washington : U.S. G.P.O., 1997.

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Reichardt, Sascha. Internationale Zuständigkeit im Gerichtsstand der unerlaubten Handlung bei Verletzung europäischer Patente. Frankfurt : Lang, 2006.

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Zhong yi yao chuan tong zhi shi de fa lü bao hu. Beijing Shi : Zhi shi chan quan chu ban she, 2009.

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Adolphsen, Jens. Europäisches und internationales Zivilprozessrecht in Patentsachen. Köln : C. Heymanns, 2005.

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Chapitres de livres sur le sujet "Conflict of laws – Patents"

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Parisi, Francesco, et Erin A. O’Hara. « Conflict of Laws ». Dans The New Palgrave Dictionary of Economics and the Law, 387–96. London : Palgrave Macmillan UK, 2002. http://dx.doi.org/10.1007/978-1-349-74173-1_78.

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Sachdeva, Amit M. « Conflict of Laws ». Dans Encyclopedia of Law and Economics, 314–21. New York, NY : Springer New York, 2019. http://dx.doi.org/10.1007/978-1-4614-7753-2_33.

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Sachdeva, Amit M. « Conflict of Laws ». Dans Encyclopedia of Law and Economics, 1–9. New York, NY : Springer New York, 2013. http://dx.doi.org/10.1007/978-1-4614-7883-6_33-1.

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Jaeger, Axel-Volkmar, et Götz-Sebastian Hök. « Conflict of Laws ». Dans FIDIC - A Guide for Practitioners, 55–70. Berlin, Heidelberg : Springer Berlin Heidelberg, 2009. http://dx.doi.org/10.1007/978-3-642-02100-8_2.

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Hannan, Neil. « Conflict of Laws ». Dans Cross-Border Insolvency, 167–205. Singapore : Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5876-9_11.

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Kevelson, Roberta. « Conflict of Laws ». Dans The Law as a System of Signs, 287–94. Boston, MA : Springer US, 1988. http://dx.doi.org/10.1007/978-1-4613-0911-6_22.

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Dane, Perry. « Conflict of Laws ». Dans A Companion to Philosophy of Law and Legal Theory, 197–208. Oxford, UK : Wiley-Blackwell, 2010. http://dx.doi.org/10.1002/9781444320114.ch12.

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Thomas K, Cheng. « 12 The Intellectual Property–Competition Interface ». Dans Competition Law in Developing Countries. Oxford University Press, 2020. http://dx.doi.org/10.1093/law-ocl/9780198862697.003.0013.

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This chapter focuses on the interface between intellectual property and competition laws. The interface is the most complex between competition law on the one hand and patent law on the other hand. Developing countries only engage in what can be called laggard innovation, which includes acquisition of tacit knowledge, imitation, and process innovation. This may call for a reconsideration of the appropriate approach to the patent–competition interface in developing countries because laggard innovations, with the exception of process innovation, are not the subject of protection of the patent system. If laggard innovations are not the subject matter of protection of the patent system, the patent-competition rules should have little relevance for the quest for innovations in developing countries. In fact, one can argue that the patent system is an impediment to one of the main sources of laggard innovation, imitation, and that the patent-competition rules should be adjusted in a way to facilitate it if one were serious about adopting a pro-growth approach to competition law enforcement in developing countries. This implies that for developing countries that do not produce patentable innovations, there is no need to balance between patent and competition policies. There is in fact no conflict between these two policy objectives. Intellectual property rights and Market-sharing and customer allocation Enforcement and procedure

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Sorkin, David. « Civil Rights in Western Europe ». Dans Jewish Emancipation, 72–79. Princeton University Press, 2019. http://dx.doi.org/10.23943/princeton/9780691164946.003.0006.

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This chapter focuses on how western European states introduced limited changes to the Jews' status in the eighteenth century. England introduced a policy of naturalization for Jews in its colonies in part to compete with Holland's successful free port (St. Eustatius). However, only the wealthy could aspire to naturalization. The merchant elite's effort to gain easier naturalization with the “Jew Bill” (1753) failed when it became embroiled in the general Whig-Tory conflict. In France, the Jews of Bordeaux reached the acme of corporate privileges by gaining residential and commercial freedom throughout the kingdom. In contrast, Alsatian Jewry continued to suffer from major restrictions. The privileges it brought from the Holy Roman Empire were at odds with a centralizing French administration. Moreover, occupational and residential restrictions that forced Alsace's Jews into moneylending and petty trade created enduring tensions with the surrounding populace. Louis XVI's patents (1784) removed one demeaning law but otherwise imposed harsher laws on most Jews while further privileging the wealthy. Since Louis XVI's Edict of Toleration for Protestants (non-Catholics) did not apply to Jews, his government attempted, but failed, to produce legislation for Jews modeled on Joseph II's.

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Farley, Christine Haight. « A Research Framework on Intellectual Property and Morality ». Dans Handbook of Intellectual Property Research, 791–806. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198826743.003.0050.

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This chapter traces the role of morality in intellectual property (IP) law by outlining the scholarship that addresses what extent, if any, the law does or should reflect moral judgments. Scholars have investigated this question, either explicitly or implicitly, in all of the categories of IP including patent law, trademark law, and copyright law, and to a lesser extent, trade secret law and right of publicity law. In surveying the robust scholarship and diverse perspectives about whether morality has a place in IP law, the chapter reveals an academic dispute surrounding the degree to which law should rely on morality. Some scholars look at IP through the lens of morality; some see only a disconnect between IP law and morality. For some, morality serves as a basis for IP rights, while others find law and morality to be so conceptually distinct as to be irreconcilable. Some see a danger in IP laws being in conflict with morality, while others view the introduction of morality as a danger. The chapter organizes the scholarship by the position it takes on the appropriateness of the juxtaposition of IP and morality while recognizing that the complexity of IP scholars’ relationship to morality is matched only by the complexity of morality itself as a concern of law.

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Actes de conférences sur le sujet "Conflict of laws – Patents"

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Nuhija, Bekim. « CONFLICT OF LAWS - MARRIAGE ». Dans 4th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM2017. Stef92 Technology, 2017. http://dx.doi.org/10.5593/sgemsocial2017/12/s02.050.

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Indradewi, Anak Agung Sagung Ngurah. « Patent Norm Conflict on Trade-Related Aspect Intellectual Property Rights (TRIPs) in Mining Perspective ». Dans 2018 International Conference on Energy and Mining Law (ICEML 2018). Paris, France : Atlantis Press, 2018. http://dx.doi.org/10.2991/iceml-18.2018.1.

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Lučić, Sonja. « VEŠTAČKA INTELIGENCIJA I PATENTNO PRAVO ». Dans XVIII Majsko savetovanje. University of Kragujevac, Faculty of Law, 2022. http://dx.doi.org/10.46793/xviiimajsko.479l.

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Artificial intelligence is a field of technology that is developing intensively. Along with the development of artificial intelligence, the issue of its patent protection has become topical. Artificial intelligence systems are based on highly developed algorithms and mathematical models, phenomena with which patent law is traditionally in conflict. This issue is not just a national or European problem. There is also an intensive debate in the United States about the patentability of artificially intelligent systems. The author deals with the question of whether artificially intelligent systems can enjoy patent protection. The paper analyzes the case of "DABUS" which refers to an international patent application in which the artificially intelligent system DABUS is listed as the inventor. Numerous intellectual property offices around the world (eg American, British, German, Australian, EPO) have rejected such a patent application. On the other hand, the Federal Court of Australia has ruled that under the Australian Patent Act AI could be listed as the inventor. Recognition of AI as the inventor (not the owner) of inventions generated by artificial intelligence can have certain consequences, including in the field of copyright.

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Hemler, Adrian. « Bridging the Public-Private Law Divide in the Conflict of Laws ». Dans COFOLA International 2022. Brno : Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0231-2022-1.

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As the name suggests, the methodology of private international law relates to substantive private law only. A parallel methodological system regarding public law does not exist. The paper argues that this methodological rift lacks any doctrinal justification. It concludes that there are no obstacles to all-sided conflict of laws rules in the public law domain. Since the paper finds that foreign public law is already applicable in private party cases (albeit heavily obscured), it focuses on public law relationships where a foreign state appears as a plaintiff. In this respect, it is shown why the application of foreign public law embodies an attractive compromise between legal assistance and recognition.

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Sivan-Sevilla, Ido. « Trading privacy for security in cyberspace : A study across the dynamics of US federal laws and regulations between 1967 and 2016 ». Dans 2017 9th International Conference on Cyber Conflict (CyCon). IEEE, 2017. http://dx.doi.org/10.23919/cycon.2017.8240329.

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M. Broman(), Morgan, et Pamela Finckenberg-Broman(). « Weaponized Artificial Intelligence (AI) and the Laws of Armed Conflict (LOAC)– the RAiLE© Project ». Dans Human Interaction and Emerging Technologies (IHIET-AI 2022) Artificial Intelligence and Future Applications. AHFE International, 2022. http://dx.doi.org/10.54941/ahfe100870.

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This article critically examines the area of and contributes to the knowledge around laws and policy for the emerging technology - military application of autonomous weapon systems (AWS). Some argue that any attempt to outright ban AWS is pointless, as they are considered to be in their early concept stage, and the shape or look these may take in the future are currently unknown.(Noone and Noone, 2015) The debate on AWS can be divided into three broad approaches within the literature; ‘total ban’, ‘wait and see’ and the ‘pre-emptive’ approach. Relevant literature for the subject matter is used strive to answer the question; How do we achieve AWS/AI programming which adheres to the LOAC’s intentions of the ‘core principles of distinction, proportionality, humanity and military necessity’?

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Volos, A. A. « The Technology of Blockchain and Smart Contract and Their Regulation Under the Conflict of Laws of the European Union ». Dans 2nd International Scientific and Practical Conference on Digital Economy (ISCDE 2020). Paris, France : Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.201205.094.

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Rohová, Iveta. « Cross-border Unfair Competition Cases in Online Environment – the EU conflict-of-laws perspective in terms of legal certainty and predictability ». Dans 4th International Scientific Conference : Knowledge based sustainable economic development. Association of Economists and Managers of the Balkans, Belgrade, Serbia et all, 2018. http://dx.doi.org/10.31410/eraz.2018.908.

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Lawan Haruna, Abdulrashid, et Awwal Magashi Ilyasu. « Unnecessary Suffering and the Prohibition of the Use of Chemical Weapons under International Humanitarian and Islamic Laws : Examining the Syrian Conflict Paradigm ». Dans Annual International Conference on Law, Regulations and Public Policy. Global Science & Technology Forum (GSTF), 2014. http://dx.doi.org/10.5176/2251-3809_lrpp14.09.

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Perez-Blanco, H., et D. Kunkel. « Uncertainty of Thrust Prediction for a Small Demonstration Turbojet ». Dans ASME 2010 International Mechanical Engineering Congress and Exposition. ASMEDC, 2010. http://dx.doi.org/10.1115/imece2010-40050.

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A small turbojet, the SR-30, is often used in academic settings to demonstrate thrust generation. The experience and insights afforded by this type of experimentation we find invaluable, because the students appraise a turbojet, from start-up to wind down, in all its dimensions: from basic thermodynamics to creep considerations, passing through instrumentation and lubrication. Experimental uncertainties of measurements taken on this unit lead to conflict with basic thermofluids laws, and have been reported in the literature. The present work introduces a thermodynamic model whereby the thrust can be calculated for a range of speeds. The model resorts to conservation principles and efficiencies to factor in the turbine irreversibilities. Six significant variables are assigned uncertainties, and a thrust distribution is generated via a Monte-Carlo analysis. The parameters of the thrust distribution are analyzed to determine the reliability of thrust predictions. Intermediate cycle temperatures can be estimated via an approach consistent with the thermo-fluids laws.

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Rapports d'organisations sur le sujet "Conflict of laws – Patents"

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Ruiz-Roque, Orlando. The Laws of Armed Conflict and Environmental Protection : Striking a Balance,. Fort Belvoir, VA : Defense Technical Information Center, janvier 1995. http://dx.doi.org/10.21236/ada298584.

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Jansen, Kees. Business conflict and pesticide risk regulation in Costa Rica : supporting data on laws and instructive events, 1998-2014. Wageningen : Wageningen University, Rural Sociology Group, 2017. http://dx.doi.org/10.18174/414174.

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Lewis, Dustin, Gabriella Blum et Naz Modirzadeh. Indefinite War : Unsettled International Law on the End of Armed Conflict. Harvard Law School Program on International Law and Armed Conflict, février 2017. http://dx.doi.org/10.54813/yrjv6070.

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Can we say, definitively, when an armed conflict no longer exists under international law? The short, unsatisfying answer is sometimes: it is clear when some conflicts terminate as a matter of international law, but a decisive determination eludes many others. The lack of fully-settled guidance often matters significantly. That is because international law tolerates, for the most part, far less violent harm, devastation, and suppression in situations other than armed conflicts. Thus, certain measures governed by the laws and customs of war—including killing and capturing the enemy, destroying and seizing enemy property, and occupying foreign territory, all on a possibly large scale—would usually constitute grave violations of peacetime law. This Legal Briefing details the legal considerations and analyzes the implications of that lack of settled guidance. It delves into the myriad (and often-inconsistent) provisions in treaty law, customary law, and relevant jurisprudence that purport to govern the end of war. Alongside the doctrinal analysis, this Briefing considers the changing concept of war and of what constitutes its end; evaluates diverse interests at stake in the continuation or close of conflict; and contextualizes the essentially political work of those who design the law. In all, this Legal Briefing reveals that international law, as it now stands, provides insufficient guidance to precisely discern the end of many armed conflicts as a factual matter (when has the war ended?), as a normative matter (when should the war end?), and as a legal matter (when does the international-legal framework of armed conflict cease to apply in relation to the war?). The current plurality of legal concepts of armed conflict, the sparsity of IHL provisions that instruct the end of application, and the inconsistency among such provisions thwart uniform regulation and frustrate the formulation of a comprehensive notion of when wars can, should, and do end. Fleshing out the criteria for the end of war is a considerable challenge. Clearly, many of the problems identified in this Briefing are first and foremost strategic and political. Yet, as part of a broader effort to strengthen international law’s claim to guide behavior in relation to war and protect affected populations, international lawyers must address the current confusion and inconsistencies that so often surround the end of armed conflict.

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Burniske, Jessica, et Naz Modirzadeh. Pilot Empirical Survey Study on the Impact of Counterterrorism Measures on Humanitarian Action & ; Comment on the Study. Harvard Law School Program on International Law and Armed Conflict, mars 2017. http://dx.doi.org/10.54813/kecj6355.

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To help determine the measurable impact of counterterrorism laws on humanitarian action, the Counterterrorism and Humanitarian Engagement (CHE) Project at the Harvard Law School Program on International Law and Armed Conflict collected data from humanitarian actors demonstrating the impact (or lack thereof) of counterterrorism laws and regulations on humanitarian organizations and their work. The Pilot Empirical Survey Study on the Impact of Counterterrorism Measures on Humanitarian Action (by Jessica S. Burniske and Naz K. Modirzadeh, March 2017) captures the resulting initial attempt at a pilot empirical study in this domain. Modirzadeh wrote a Comment on the Study (March 2017). That Comment raises considerations for states and donors, for humanitarian organizations, and for researchers.

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Lillian Rutandaro, Sherrie, Christine Lundambuyu Munalula, Rogers Otuta et Manenji Mangundu. Lives at Risk : A study of girls dropping out of school in Juba, Rumbek and Pibor Counties, South Sudan. Oxfam, novembre 2022. http://dx.doi.org/10.21201/2022.9349.

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This study was undertaken by Oxfam in three South Sudanse counties as part of the SIDA-funded project 'Building Resilience through Gender and Conflict-Sensitive Approaches to Education, Skills Development, and Sustainable Livelihoods'. Its purpose was to shed light on why so many girls drop out of school. The research revealed that women and girls often lack decision-making power over their lives. Early or forced marriage, the abduction of girls, perceptions that education delays marriage – and that educated girls risk not finding husbands – all contribute to dropout rates. Additional challenges include a lack of adequate hygiene and sanitation facilities in schools, the distances learners need to travel, insecurity caused by communal violence, floods, food insecurity, and a heavy household work burden. The Government of South Sudan has in place laws and policies to address these issues, but they remain largely on paper and enforcement mechanisms are weak. The report analyses each of these factors in turn and presents recommendations for how the SIDA project can begin to address them in its future programming.

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Lewis, Dustin, et Naz Modirzadeh. Taking into Account the Potential Effects of Counterterrorism Measures on Humanitarian and Medical Activities : Elements of an Analytical Framework for States Grounded in Respect for International Law. Harvard Law School Program on International Law and Armed Conflict, mai 2021. http://dx.doi.org/10.54813/qbot8406.

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For at least a decade, States, humanitarian bodies, and civil-society actors have raised concerns about how certain counterterrorism measures can prevent or impede humanitarian and medical activities in armed conflicts. In 2019, the issue drew the attention of the world’s preeminent body charged with maintaining or restoring international peace and security: the United Nations Security Council. In two resolutions — Resolution 2462 (2019) and Resolution 2482 (2019) — adopted that year, the Security Council urged States to take into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities, including medical activities, that are carried out by impartial humanitarian actors in a manner consistent with international humanitarian law (IHL). By implicitly recognizing that measures adopted to achieve one policy objective (countering terrorism) can impair or prevent another policy objective (safeguarding humanitarian and medical activities), the Security Council elevated taking into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities to an issue implicating international peace and security. In this legal briefing, we aim to support the development of an analytical framework through which a State may seek to devise and administer a system to take into account the potential effects of counterterrorism measures on humanitarian and medical activities. Our primary intended audience includes the people involved in creating or administering a “take into account” system and in developing relevant laws and policies. Our analysis zooms in on Resolution 2462 (2019) and Resolution 2482 (2019) and focuses on grounding the framework in respect for international law, notably the U.N. Charter and IHL. In section 1, we introduce the impetus, objectives, and structure of the briefing. In our view, a thorough legal analysis of the relevant resolutions in their wider context is a crucial element to laying the conditions conducive to the development and administration of an effective “take into account” system. Further, the stakes and timeliness of the issue, the Security Council’s implicit recognition of a potential tension between measures adopted to achieve different policy objectives, and the relatively scant salient direct practice and scholarship on elements pertinent to “take into account” systems also compelled us to engage in original legal analysis, with a focus on public international law and IHL. In section 2, as a primer for readers unfamiliar with the core issues, we briefly outline humanitarian and medical activities and counterterrorism measures. Then we highlight a range of possible effects of the latter on the former. Concerning armed conflict, humanitarian activities aim primarily to provide relief to and protection for people affected by the conflict whose needs are unmet, whereas medical activities aim primarily to provide care for wounded and sick persons, including the enemy. Meanwhile, for at least several decades, States have sought to prevent and suppress acts of terrorism and punish those who commit, attempt to commit, or otherwise support acts of terrorism. Under the rubric of countering terrorism, States have taken an increasingly broad and diverse array of actions at the global, regional, and national levels. A growing body of qualitative and quantitative evidence documents how certain measures designed and applied to counter terrorism can impede or prevent humanitarian and medical activities in armed conflicts. In a nutshell, counterterrorism measures may lead to diminished or complete lack of access by humanitarian and medical actors to the persons affected by an armed conflict that is also characterized as a counterterrorism context, or those measures may adversely affect the scope, amount, or quality of humanitarian and medical services provided to such persons. The diverse array of detrimental effects of certain counterterrorism measures on humanitarian and medical activities may be grouped into several cross-cutting categories, including operational, financial, security, legal, and reputational effects. In section 3, we explain some of the key legal aspects of humanitarian and medical activities and counterterrorism measures. States have developed IHL as the primary body of international law applicable to acts and omissions connected with an armed conflict. IHL lays down several rights and obligations relating to a broad spectrum of humanitarian and medical activities pertaining to armed conflicts. A violation of an applicable IHL provision related to humanitarian or medical activities may engage the international legal responsibility of a State or an individual. Meanwhile, at the international level, there is no single, comprehensive body of counterterrorism laws. However, States have developed a collection of treaties to pursue specific anti-terrorism objectives. Further, for its part, the Security Council has assumed an increasingly prominent role in countering terrorism, including by adopting decisions that U.N. Member States must accept and carry out under the U.N. Charter. Some counterterrorism measures are designed and applied in a manner that implicitly or expressly “carves out” particular safeguards — typically in the form of limited exceptions or exemptions — for certain humanitarian or medical activities or actors. Yet most counterterrorism measures do not include such safeguards. In section 4, which constitutes the bulk of our original legal analysis, we closely evaluate the two resolutions in which the Security Council urged States to take into account the effects of (certain) counterterrorism measures on humanitarian and medical activities. We set the stage by summarizing some aspects of the legal relations between Security Council acts and IHL provisions pertaining to humanitarian and medical activities. We then analyze the status, consequences, and content of several substantive elements of the resolutions and what they may entail for States seeking to counter terrorism and safeguard humanitarian and medical activities. Among the elements that we evaluate are: the Security Council’s new notion of a prohibited financial “benefit” for terrorists as it may relate to humanitarian and medical activities; the Council’s demand that States comply with IHL obligations while countering terrorism; and the constituent parts of the Council’s notion of a “take into account” system. In section 5, we set out some potential elements of an analytical framework through which a State may seek to develop and administer its “take into account” system in line with Resolution 2462 (2019) and Resolution 2482 (2019). In terms of its object and purpose, a “take into account” system may aim to secure respect for international law, notably the U.N. Charter and IHL pertaining to humanitarian and medical activities. In addition, the system may seek to safeguard humanitarian and medical activities in armed conflicts that also qualify as counterterrorism contexts. We also identify two sets of preconditions arguably necessary for a State to anticipate and address relevant potential effects through the development and execution of its “take into account” system. Finally, we suggest three sets of attributes that a “take into account” system may need to embody to achieve its aims: utilizing a State-wide approach, focusing on potential effects, and including default principles and rules to help guide implementation. In section 6, we briefly conclude. In our view, jointly pursuing the policy objectives of countering terrorism and safeguarding humanitarian and medical activities presents several opportunities, challenges, and complexities. International law does not necessarily provide ready-made answers to all of the difficult questions in this area. Yet devising and executing a “take into account” system provides a State significant opportunities to safeguard humanitarian and medical activities and counter terrorism while securing greater respect for international law.

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