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Ouedraogo, Peingdewiende Jean. "Protection des œuvres littéraires et artistiques dans l'environnement numérique dans l'espace OAPI". Electronic Thesis or Diss., Lyon 2, 2024. http://www.theses.fr/2024LYO20024.
Pełny tekst źródłaInformation technologies are constantly questioning literary and artistic property. Each technological change has important implications for the way cultural works are protected. Thus, with the development of digital technology in the 2000s, several pieces of legislation have been updated, starting with international law. The Marrakesh Agreement adopted by the WTO on December 15, 1994, and the two WIPO treaties of 1996, namely the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, are the fruits of these changes. At the regional and national level, we could also mention the Digital Millennium Copyright Act of 1998 for the Americas and the European Directive on the Information Society of 2001 for the European Union. Taking into account these changes at the international level and in neighbouring legal orders, the African legislator revised the Community Agreement on 15 December 2015. However, this revision does not sufficiently take into account the concerns raised by digital technology. The most emblematic example is the concealment of the influences of Artificial Intelligence on literary and artistic property.This thesis therefore aims to propose solutions to complete the adaptation of OAPI law so that it is up to date with international standards and takes into account the developments of regional law whose construction is initiated by the African Union with the establishment of the Pan-African Intellectual Property Organization. (PAIPO). The objective of this study, which touched on both the substantive law and the institutional system of OAPI, was to further enhance the security of the interests of right holders and those of the users of their works, so as to make the African community framework more balanced and secure
Johnson-Ansah, Ampah. "L'épuisement des droits de propriété industrielle dans l'espace OAPI (Organisation Africaine de la Propriété Intellectuelle)". Phd thesis, Université de Strasbourg, 2013. http://tel.archives-ouvertes.fr/tel-01061170.
Pełny tekst źródłaMatip, Nicole Florence. "L'organisation africaine de la propriété intellectuelle et l'accord relatif aux aspects de droits de propriété intellectuelle qui touchent au commerce". Lyon 3, 2006. http://www.theses.fr/2006LYO33044.
Pełny tekst źródłaThe trade of Bangui us the national law of sixteen OAPI members : Bénin, Burkina Faso, Cameroun, Congo, Côte d'Ivoire, Gabon, Guinée, Guinée Bissau, Guinée équatoriale, Mali, Mauritanie, Niger, République centrafricaine, Sénégal, Tchad, Togo. In 1977, the trade of Bangui was not conform that's trip. Reset the trade of Bangui was revisited in 1999. Now the importation is assimiled at local exploitation
Klemet-Nguessan, N. Kouamé. "La propriété intellectuelle et les négociations commerciales de l'Uruguay Round". Nice, 1995. http://www.theses.fr/1995NICE0025.
Pełny tekst źródłaMba, Rose Chantal. "La protection des inventions en droit de L'OPAI : Organisation Africaine de la Propriété Intellectuelle". Lyon 3, 2004. http://www.theses.fr/2004LYO33011.
Pełny tekst źródłaBizitou, Prosper. "Le nouveau régime de protection des dessins ou modèles industriels dans le cadre de l'accord de Bangui de 1977 créant l'organisation africaine de propriété industrielle". Paris 2, 1986. http://www.theses.fr/1986PA020032.
Pełny tekst źródłaTébili, Zézé Odette. "Les marques de l'Organisation Africaine de la Propriété Intellectuelle (OAPI) : étude comparée des droits français, communautaire, africain". Toulouse 1, 2007. http://www.theses.fr/2007TOU10059.
Pełny tekst źródłaIhrai, Othman. "La protection juridique des créations immatérielles à l'ère de l'économie numérique". Nice, 2009. http://www.theses.fr/2009NICE0028.
Pełny tekst źródłaIn the context of globalization and ICT development, protection of intangible creations has become a universal issue. But the international law of intellectual property is largely inspired by a long process initiated in the first industrialized countries. Developing countries, who do not always have convergent interests, are questioning some of its provisions. So, to try to understand the problem in all its complexity, it is necessary, using a comparative approach, to examine the mechanisms of protection at the three levels, international, regional and national. Because there is much overlap between these levels we will focus our attention on the study of a few significant cases. The protection of intangible creations falls, internally, within the scope of private law, criminal law and civil law, but it also concerns commercial law, business law, etc. . . Internationally, this protection fits international private law. The scope of copyright continues to expand due to the development of knowledge society and innovation. Thus, we will pay particular attention to copyright rather than to patent rights, because, first, it seems more seriously threatened by the development of ICT and, secondly, because industrial property enjoys an older, and more effective protection, though more easily circumvented. Some wonder if the simplification of protection would not contribute to better protection. The complexity of mechanisms of protection is, apparently, at the source of the difficulties faced by the law on intellectual property in its adaptation to new constraints. Should we not relax these rights, making them more flexible by restricting them to the specific object of the law, which would allow for a better targeted and a more effective protection? The question then becomes centered on copyright protection. We know that, internally, copyright enjoys the protection of civil and criminal law. But the protection of intangible creations raises also economic, social and cultural issues. Is it possible to use ancillary means of protection to complement criminal and civil law? Is it possible, in agreement with those who call for a decriminalization of business law, to consider quasi-criminal penalties? Finally, can we effectively implement protection mechanisms at international and regional levels?
Ruzek, Vincent. "Communautarisation et mondialisation du droit de la propriété intellectuelle". Thesis, Rennes 1, 2014. http://www.theses.fr/2014REN1G009.
Pełny tekst źródłaThe internationalization of IP Law, initiated at the end of the 19th century, has taken since the end of the 20th century a brand new twist with its inclusion in the field of multilateral trade disciplines. The signing of the TRIPS agreement marks the emergence of a global IP governance. Indeed, the ambition displayed by the WTO is to supervise the margin of maneuver of its Members in implementing their policies. Although Communitization of IP law started much later, it now has a considerable scope: national protection regimes have been conciliated with the cardinal principles of the Treaty, some important harmonization directives have been enacted, and various European titles of protection have even been created. Our study is designed to show how Communitization, beyond its traditional role of source of law, officiates as a necessary and efficient vector for structuring the European position towards the Globalization of IP Law. In its ascendant side first -- from Local to Global, the Communitization vector plays a role of merging the objectives to be promoted on the international scene. The issue at stake is to shape an IP global framework that corresponds to the system of interests and values of the EU, in accordance with the far-reaching objectives assigned by the Treaty. This merging process is, however, not automatic. In spite of several amendments to the Treaty and of the progress of internal harmonization, various institutional constraints thwart the emergence of a fully integrated external European policy in the field of IP. But it is precisely in light of these constraints that the scope of the achievements of the EU, which in now recognized as a central actor in the global IP governance, must be appreciated. In its down side then -- from Global to Local, the Communitization vector is accompanied by a rise of the European Court of Justice in arbitrating complex normative interactions between national, EU and International IP Laws. A systematic analysis of the resolution by the ECJ of these normative interactions reveals its determination to safeguard the autonomy of the EU legal order, by arranging for significant discretion in implementing international commitments. This margin of appreciation is used to defend an original European model under construction, taking advantage of the flexibilities of the global normative framework
Belaiche, Raphael. "Le nouveau droit des relations commerciales multilatérales : l'OMC et l'immatériel". Montpellier 1, 2000. http://www.theses.fr/2000MON10006.
Pełny tekst źródłaTsakadi, Ayawa C. "L'accès à l'exploitation des droits de propriété industrielle par la voie contractuelle dans les pays de l'OAPI (Organisation africaine de la propriété intellectuelle)". Poitiers, 1999. http://www.theses.fr/1999POIT3004.
Pełny tekst źródłaSani, Kabir. "Les mécanismes juridiques de protection de la propriété intellectuelle en Afrique Francophone de l’Ouest". Perpignan, 2014. http://www.theses.fr/2014PERP1189.
Pełny tekst źródłaFrom their Independence, African states, particularly those of Francophone West Africa will make intellectual property a pivotal part of their economic and social development. With the creation of OAMPI and OAPI, this goal seemed attainable. Unfortunately, more than half a century later, these states face difficulties of legal and institutional orders: mechanical transpositions Western or international provisions mismatch with the African social reality, a rare case and not enough law enforcement or complacent distrust of the defendant vis-à-vis justice, etc. . . . . Consequences: offenses multiply, with technology that increasingly sophisticated face to silence or inability of public authorities responsible for the protection components of intellectual property on this part of the African continent. To this is added the technological backwardness of the continent in this area. To effectively play its role as an engine of economic and social development of these countries, the effort to legislative and institutional harmonization of literary and artistic property must accompany the industrial property, while enhancing protection through the establishment brigades supported by lawyers and actors specialized in intellectual property law. As clearly, the holders of intellectual property rights are reluctant to go to court in Africa, it is appropriate to establish an independent administrative authority responsible for resolving disputes relating to intellectual property, composed of all those involved in the promotion of intellectual property. But it must first pass through the teaching of intellectual property in African universities as well as ongoing training for African judges in this area
Diop, Falilou. "Uniformisation du droit de la propriété intellectuelle et conflits de lois dans l'OAPI". Electronic Thesis or Diss., Lyon, 2021. http://www.theses.fr/2021LYSE3046.
Pełny tekst źródłaThe idea that the uniformization of intellectual property law eliminates the problem of conflict of laws seems to be deeply rooted in the opinion of observers who have taken an interest in OAPI law. At least, the studies that relate to intellectual property in this space do not specifically address the issue of conflict of laws. When they mention it occasionally, they essentially limit themselves to asserting that the uniform law eliminates the problem of conflicts of laws. This common observation nevertheless deserved to be verified. The first part of this thesis is devoted to such a verification. This verification was carried out by means of a comparison between the effects of the uniform intellectual property law and the causes of the problem of conflicts of laws. The results of this confrontation show the persistence of the problem of conflicts of laws within the OAPI area, even if uniform law does not fail to influence its configuration. The second part of the thesis is devoted to the search for solutions adapted to the configuration of the problem within the OAPI area. This search for solutions considers the objectives of the uniformization of intellectual property law, the international commitments of the member states as well as the specific interests that the identification of the applicable law seeks to serve. It leads, on the one hand, to the proposal of positive solutions concerning the jurisdictional coordination necessary for a uniform realization of intellectual property rights; on the other hand, to the development of rules intended to identify the law applicable to different aspects of intellectual property
Alanzi, Abdulsalam. "L'OMC, les pays membres du Conseil de coopération du Golfe arabe et la protection de la propriété intellectuelle". Université Robert Schuman (Strasbourg) (1971-2008), 2005. http://www.theses.fr/2005STR30004.
Pełny tekst źródłaThe purpose of this thesis to study the compatibility of the protection of intellectual property rights in the Cooperation council for the Arab states of the Gulf with the Trade related intellectual property agreement of the World trade organization (the Trips agreement of the WTO). Renowned in the past as being a haven for pirated and counterfeited goods from Asia, the Gulf countries remained for years in top position in the famous US Trade representative's special 301 list. The lak of an appropriate law to protect intellectual property rights had often been denounced as being an incentive for piracy and counterfeiting. Nevertheless, there has been some significant improvement in all these areas over the past few months. First, the Gulf Co-operation council respected the general protection of the intellectual property of the Trips agreement by their tender to the general provisions, basic principles and their respected to enforcement of intellectual property rights. Secondly the Gulf Co-operation council respected the special protection of the intellectual property of the Trips agreement, the Gulf Co-operation issued a new laws for copyright, patent, trademarks and designs and industrials models. On the legislative level, most of GCCA countries still have to enact provisions to protect the layout-designs (topographies) of integrated circuits, geographical indications and protection of undisclosed information to fully comply with requirements of the Trips agreement
Zhang, Shu. "De l'OMPI au GATT : protection internationale de droits de propriété intellectuelle (DPI) : étude sur l'évolution et l'actualité". Paris 10, 1994. http://www.theses.fr/1994PA100043.
Pełny tekst źródłaThe present thesis aims at a study of the evolution and the reality of the international protection of Intellectual Property Rights (IPR). Being the exclusivity of the WIPO for a long time, this protection is now jointly carried about by the GATT since the opening of Uruguay Round. From WIPO to GATT, this transfer of the gravity center can be explained by several political and economic elements, among which are the trade of the counterfeiting goods and, especially, the readjustment of the trade policy of the United States during the 70’s and 80’s. Against such a background, the TRIPS-negotiations have finally come to the conclusion of a specific agreement, which stipulates the general principles upon the IPS protection, the rules of the IPR and the means to implement them. An analytic presentation of this agreement is given hereby, so as to show the framework of the IPR protection under the GATT system. However, it seems appropriate to conclude that in a nearer future, neither WIPO nor GATT could be able to completely harmonize the various national legislations on the subject, because of the conflict of nation’s goal, which must obey to the need of the Development and Competition. So, the adequate protection of the IPR could only be a relative concept, depending largely upon the concrete stage of its economic and social development as concerned a given country
Ben, Merad Nadia. "Le règlement des différends relatifs a la propriété intellectuelle dans le cadre de l'OMC". Thesis, Université Côte d'Azur (ComUE), 2017. http://www.theses.fr/2017AZUR0020.
Pełny tekst źródłaThe Uruguay Round negotiations gave an opportunity to include intellectual property within the GATT framework, with the conclusion of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and the application of the reinforced system of the WTO dispute settlement to disputes deriving from this new agreement. The present thesis aims at analyzing how this system, managed by the Dispute Settlement Body (DSB) organizes, drafts and rules disputes related to the respect of the obligations born of the TRIPS Agreement. The question is of great importance because of the TRIPS Agreement singularities. The studies undertaken throughout this thesis help report on the rules and procedures framing the TRIPS disputes settlement ; reveal some specificities, with regard to the type of complaints which can be brought before the DSB, and some specific difficulties generated by the application of the DSB retaliation system to the TRIPS Agreement ; highlight the central role that plays the DSB, which appeared trustworthy and effective, not only in dealing with TRIPS disputes through the establishment of panels and the Appellate Body, but also in contributing to the settlement of a significant number of disputes at the consultation stage ; and finally underline how the panels and the Appellate Body precautiously lead their own mission
Manai, Sarah. "L'adhésion de la Chine à l'OMC et le régime de protection de la propriété intellectuelle". Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32078.
Pełny tekst źródłaRecently, intellectual property rights protection played a major role in the world. How can this right be protected properly and people get interests from it as much as possible? This has become an issue during the last decade. Indeed, the protection of the latter in terms of intellectual property rights has reached an unprecedented level. After joining the WTO in 2001, the People's Republic of China has made its intellectual property laws compliant with the TRIPS Agreement. Indeed, the integration of China into the global economy in the last years has been accentuated by its willingness to open its economy and to respect the rule of law when the country joined the WTO on December 11 2001.The progress made by China in the area of protection of intellectual property rights were more than important in a short period. Less than twenty years ago, the country was not able to build the necessary infrastructure to protect intellectual property rights. Nowadays, China has a modern set of legal instruments composed substantive and procedural law for each specific aspect of intellectual property, with no possible comparison with the rest of the world. In fact, between 1992 and 2001, many reforms were undertaken. China has agreed to extend its system of protection of intellectual property in all areas and has increased the protection to a high level, strengthening the implementation and enforcement of its intellectual property laws. However, the enforcement of these laws in China raises some problems. The purpose of this thesis is to illustrate the causes of the occurrence of these problems by explaining the TRIPS Agreement and the Chinese law of intellectual property, and analyze the similarities and also differences between both of them. Based on these differences, the imperfections of Chinese law will be illustrated by the dispute before the Dispute Settlement Body of the WTO between the United States and the People's Republic of China on measures affecting the protection and respect for intellectual property rights in China (2007-2009). The causes of cracks in the system of protection of intellectual property have its roots in Chinese history, Confucian culture and the Chinese conception of law. The new intellectual property regime has enhanced the transparency and efficiency of transactions of products bearing intellectual property rights between Chinese enterprises and foreign enterprises, and has helped China to build its capacity for innovation in China in this period of transition to an economy that places greater emphasis on innovation as did Taiwan or the Republic of Korea before. Indeed, the emergence of China as a leading nation in science energizes the intellectual property law by a strong domestic demand for innovation and intellectual property rights. The purpose of this work is to establish an assessment of the positive impact of TRIPS on intellectual property law in China, with one hand, a national legislation on intellectual property in line with the TRIPS and on the other hand, the failure of the enforcement of intellectual property rights in practice
Ngo, Mbem Stéphanie Rhodes. "Les enjeux de la protection des dessins et modèles industriels dans le développement en Afrique : le cas des pays membres de l'Organisation africaine de la propriété intellectuelle (OAPI)". Strasbourg 3, 2007. http://www.theses.fr/2007STR30024.
Pełny tekst źródłaThe debate on the importance and the role of intellectual property in the development in Africa was focused up to now on patents at the expense of other forms of appropriation of intellectual rights such as industrial designs’ right. However, the commercialization of the rights on ornamental creations is likely to generate economic values that could contribute to the realization of development objectives of African countries. The effectiveness of such a valorisation among other things is dependent on the existence of a protection system created to meet such objectives, as well as an international rules supporting the transnational commercialization of industrial designs and taking into account the level and the needs for development of African countries. The presentation of the industrial designs’ system of the AIPO will enable us to examine whether these concerns are considered
Le, Goater Yann. "Ressources biologiques et savoirs traditionnels : du droit de la propriété intellectuelle au droit de l'O. M. C". Paris 2, 2010. http://www.theses.fr/2010PA020020.
Pełny tekst źródłaRamphort, Dobrina. "La mise en application de l'accord ADPIC en matière de brevets pharmaceutiques par l'Inde et le Brésil". Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10003.
Pełny tekst źródłaThis research work aims to present a comparative analysis of the Indian and Brazilian application of the Agreement on Trade-Related Aspects of Intellectual Property Rights Protection (TRIPS), within the framework of the World Trade Organisation, based on a detailed study of legislation and precedents in the field of drug patents. The TRIPS Agreement results in a reduced access to affordable medicines for the majority of the population in India and Brazil, due to the international harmonisation of patent rights protection it establishes.Yet, the substantial need for drugs to combat malaria and tuberculosis, as well as for antiretroviral (ARV) medicine represents a public health issue in these countries. Thus, both governments tend to reduce these negative effects, by enforcing TRIPS flexibilities in their legislation, such as the national margin of interpretation, the option of which is included in the Agreement. However, the degree of efficiency of this flexibility also depends on two external phenomena which aim to reinforce intellectual property rights protection. On the one hand, multinational pharmaceutical companies implement complex market strategies locally in order to consolidate their position. On the other hand, developed countries follow global multilateral cooperation policies with the objective to restrict the implementation of TRIPS flexibilities all around the world. As a consequence, India and Brazil favour a restrictive application of patentability criteria by local judges and support national drug price regulation policies. Moreover, Brazil is investing in enhanced control of the pharmaceutical companies' activities of market position reinforcement by competition authorities. Furthermore, both countries are developing international cooperation with developing countries as well as multi-partner collaboration in order to safeguard TRIPS flexibilities application related to national margins of interpretation of patentability criteria. This is not only within the WTO agreements, but also in other international partnership negotiations. Thus, it cannot be denied that the global consideration of public health issues in emerging countries like India and Brazil, although comparatively recent, have the potential to improve accessibility to affordable medicines
Kalinda, François-Xavier. "La protection des indications géographiques et son intérêt pour les pays en développement". Strasbourg, 2010. http://www.theses.fr/2010STRA4009.
Pełny tekst źródłaGeographical indications like any other intellectual property right are territorial in nature and they confer exclusive rights. They are associated with products which contain a considerable commercial value and are subject to international transactions. For this reason, they may be susceptible to misappropriation, counterfeiting and other forms of abuse. This explains the need for an international cooperation to protect them on international level. Globalization of intellectual property rights was made possible by the signing of the agreement establishing the World Trade Organization (WTO) which, through its Annex lC which forms the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), has made geographical indications a valuable tool for international trade. However, this globalization did not solve the issue of their level of protection. In many developing countries, the new round of trade negotiations called the "Doha Development Agenda (DDA) and the proliferation of bilateral and regional trade agreements have initiated a growing interest for the protection of geographical indications. These countries are seeking to use geographical indications as a tool to promote rural development and exports of specific products while preserving the national cultural heritage. This thesis examines to which extend, in the context of globalisation, an effective protection of geographical indications at national and international level can contribute to the development of developing countries
Polaud, Rachel. "L'implication des ONG dans les débats des OIG : le cas de l'aménagement des droits de propriété intellectuelle par l'OMC, l'OMS, l'OMPI entre 1996 et 2006". Phd thesis, Université de Grenoble, 2012. http://tel.archives-ouvertes.fr/tel-00744108.
Pełny tekst źródłaGuesmi, Amelle. "Le médicament à l'OMC : entre droits de brevets et enjeux de santé". Nice, 2008. https://www.stradalex.eu/fr/se_mono/search/MEDOMC.
Pełny tekst źródłaSometimes good, sometimes “health product” and/or “patentable object”, medicine often get away from free movement rules. On the multilateral side, the intellectual property right integration within the GATT stem from an unprecedented lobbying. Pharmaceutical industry has used the patent law in order to protect its investments. The antiretroviral drugs inaccessibility for developing countries well illustrates the health detrimental effect resulting from economic retention of pharmaceutical’s innovations. The knowledge diffusion between countries and between private and public sectors seems the only way for progress to be benefit of the humankind. In this respect, the WTO has a major role to play. A complete rethinking of its patenting system, which would value more human dimension of the protected object, promote a democratization of its internal functioning as well as of its relations with external actors, should enable an improvement of health world governance
Cao, Peng. "Les limites du mécanisme de règlement des différends de l'OMC à l'égard de la mise en oeuvre de l'accord sur les ADPIC en Chine". Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32059.
Pełny tekst źródłaEven before its entry into the WTO, China had already had a complete set of legal means in the field of intellectual property under the great external influences, especially from the United States., China has established an integrated and valid system of intellectual property in no more than three decades, therefore, she is capable of, at least theoretically, fulfilling her international commitments to the TRIPS Agreement. Nowadays, China seems to become one of the countries which have the world's highest level of intellectual property protection. Given the circumstances, if it is perceived that China has already fulfilled its international obligations under TRIPS Agreement, we still wonder why the United States appealed twice to WTO concerning China’s intellectual property system in 2007 ? Why was China listed in the "The 301 Clause" again in 2007 by the United States? And why has China been considered a manufacturer of counterfeits in westerners’ eyes?Developed countries can compel developing countries to make laws, but they can not ensure the implementation of laws. As the famous proverb goes, "You can lead a horse to the water, but you cannot make it drink." The reason seems quite obvious: legislation is an action of a country, which may be made as a diplomatic choice under certain pressure; while the application of the law, whose effect is unlikely to be achieved under any kind of external pressure, is dependant on various factors such as jurisdiction, economy, culture, ethics etc. This enables us to reflect on the validity of the WTO mechanism of dispute settlement in the implementation of the TRIPS Agreement. The protection of intellectual property rights in developing countries concerning some systematic problems requires a comprehensive cognition. Although China is an example of developing countries due to her size, the protection of intellectual property rights in China has always attracted various attentions worldwide. In China, as in all the other developing countries, the disparity between the legislation and implementation on intellectual property can only be reduced with the gradual social development in aspects of the establishment of a country under the rule of law, the ideological recognition of intellectual property rights by the public, the role of intellectual property in the process of social development, etc
Salhi, Mongi. "L'évolution du droit de propriété intellectuelle en Tunisie suite à son adhésion à l'OMC et la signature de l'accord ADPIC". Thesis, Sorbonne Paris Cité, 2018. http://www.theses.fr/2018USPCB018/document.
Pełny tekst źródłaThe TRIPS agreement has been accepted by Tunisia as a necessary evil in order to obtain commercial benefits in sectors of great interest. It was also considered well thought out because it provided a transition period for developing countries to adapt their systems to this comprehensive instrument and establish a minimum standard that could apply to all countries and link IPR to trade. Tunisia is an interesting case of analysis, especially in comparison with other countries maintaining an attitude of rejection towards the traditional treaties of IP. Our country has been a member of the Paris and Berne Conventions for more than a century. It was, of course, the right student who harmonized by developing a new culture of IP protection in accordance with the new international system. The reason is that IP is designed to be, in the new cognitive economy, an important tool in international competitiveness. It is also an instrument for attracting FDI. At the same time, and as stipulated in TRIPS, IP would be an essential component in promoting innovation and ease of technology transfer. But this pattern of harmonization on the basis of so-called minimum standards has not satisfied the enthusiasm of the industrialized countries that have embarked on the conclusion of bilateral trade agreements beyond TRIPS. Our objective is therefore to analyze these assumptions and try to explain what has happened since the TRIPS agreement. The question is whether, in doing so, the country has succeeded in establishing this link between the trade considerations required by TRIPS and the internal concerns related to health, agriculture, cultural diversity and environment. Twenty-three years later, has the country benefited from the alignment of its IP regime with the TRIPS Agreement? One of the stated objectives of TRIPS was the spread of knowledge and thereby the improvement of R & D capabilities. However, very little progress has been made, and it seems that the situation has worsened
Kang, Su-Ju. "L'action extérieure de l'Union Européenne en faveur du renforcement du regime des droits de propriété intellectuelle en Chine". Thesis, Rennes 1, 2016. http://www.theses.fr/2016REN1G011.
Pełny tekst źródłaDespite the improvement of China’s intellectual property rights (IPR) regime after this country’s World Trade Organization (WTO) accession in 2001, the IPR remains one of “major concerns” in Sino-European trade relation. According to European strategy for the enforcement of intellectual property rights in third countries, adopted in 2005 and renewed in 2014, China is identified by the European Commission as first priority country, in which the local authority does not take effective measures to tackle the problems caused by IPR violations. Taking into account the EU’s important political and economic concerns, his action is necessary in order to improve the IPR regime and the investment environment in China. The analysis of EU’s external action is based on the instruments used to strengthen IPR’s protection and enforcement in China. The purpose of our research is to examine the EU’s method to use the different instruments within the multilateral and bilateral fora. Two distinct but complementary axes orientate the undertaking of EU’s external action vis-à-vis China: cooperative approach, on the one hand, and the conventional approach, on the other hand. Firstly, the cooperative approach aims to bring Chinese legal system closer to higher standards in EU law. In spite of certain difficulties limiting the efficacy of EU external action, the bilateral cooperation with China can contribute to a better legal system in China. Then, the normative convergence should be able to facilitate the emergence of a common approach between the EU and China in the conventional framework. In this respect, it is important to emphasis Chinese divergent position with regard to EU’s conventional approach aiming to strengthen IPR protection and enforcement. Despite the increasing convergence of European and Chinese positions favorable toward “TRIPs-plus” protection, China seems reluctant even hostile to EU’s conventional initiatives intending to strengthen IPR enforcement measures
Feng, Shujie. "L' intégration du droit de l'OMC touchant à la propriété intellectuelle dans l'ordre juridique interne : étude comparée franco-chinoise concernant le droit des brevets". Paris 1, 2007. http://www.theses.fr/2007PA010268.
Pełny tekst źródłaGollock, Aboubakry. "Les implications de l'Accord de l'OMC sur les Aspects de Droits de Propriété Intellectuelle qui touchent au Commerce (ADPIC) sur l'accès aux médicaments en Afrique subsaharienne". Phd thesis, Grenoble 2, 2007. http://tel.archives-ouvertes.fr/tel-00267310.
Pełny tekst źródłaGollock, Aboubakry. "Les implications de l'Accord de l'OMC sur les aspects de droits de propriété intellectuelle qui touchent au commerce (ADPIC) sur l'accès aux médicaments en Afrique subsaharienne". Phd thesis, Grenoble 2, 2007. http://www.theses.fr/2007GRE21039.
Pełny tekst źródłaIncentive to research and development (R&D), innovation and price are central in the issue of accessibility to medicine in developing countries in general and in Sub-Saharan countries in particular. This thesis aims at assessing in which way the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is conducive to innovation without hampering accessibility to medicines in those countries. This thesis goes back to the origins of the Agreement, analyzes its dynamics and examines its retrospective effects on national laws, bilateral, regional and multilateral agreements. It seems ultimately difficult to share the optimism of the advocates of the reinforcement and harmonization of intellectual property protection. The profits of innovation are far from being proven. These innovations haven’t resulted in any quantitative or qualitative increase of new molecules against type I and II diseases which are rampant among poor countries' as well as rich countries' populations. Furthermore, they haven't stimulated the research and development expenditures devoted to type III diseases, which are rampant in poor countries. In other respects, full access to medicines is thwarted. The decrease of financial accessibility resulting from higher prices is not compensated by the rise of qualitative accessibility. Eventually, the pernicious effects are accumulating. We put forward some alternative and further proposals for the reinforcement of the pharmaceutical patent protection advocated by the TRIPS Agreement
Somda, Aminata. "Les droits de l'auteur burkinabé sur son œuvre". Thesis, Normandie, 2018. http://www.theses.fr/2018NORMR107.
Pełny tekst źródłaThe author of a work of the spirit in Burkina Faso enjoys a bundle of rights recognized by positive law. Thus, both moral and patrimonial rights are granted. As part of the implementation of these rights, a mechanism is put in place. It consists in the perception and the distribution of the rights of the author on his work. However, the weight of the tradition, the illiteracy of the populations and the ignorance of the literary and artistic property consequently hinder the smooth running of the mechanism.These socio-cultural factors contribute to the massive violation of copyright. Indeed, the rights of the creator are strongly affected as the illegal exploitation of works has reached very disturbing proportions. Thus, the author is caught between a refractory society and an obsolete law.Indeed, Law No. 032 / AN / 99 of 22 December 1999 on the protection of literary and artistic property in Burkina Faso is, in many respects, out of step with the contemporary legal environment. It is therefore appropriate to re-read this text for an optimal protection of the rights of the Burkinabe author of a work of the mind. Emphasis should also be placed on sensitizing the population to change their misperception of literary and artistic property
Mavroyiannis, Diomides. "Choice and Innovation". Thesis, Paris Sciences et Lettres (ComUE), 2019. http://www.theses.fr/2019PSLED065.
Pełny tekst źródłaWe consider situations where agents can choose between multiple projects. We show how specific market structure assumptions influence which choices agents pursue. The thesis has three parts 1) We deduce conditions under which firmswill allow agents to pirate their non-rival products. 2) Analyze the decision for firms to merge when other firms can choosebetween projects of varying variances. 3) We show how the characteristics of a payment (amount, frequency) as well as theenvironment of agents (wealth, dynamics), influence the discount rates of agents
Le, Kim-Marlène. "The role of creative communities and entrepreneurs in producing digital content without formal intellectual property : the case of alternative pornography". Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAB007/document.
Pełny tekst źródłaBusiness models for mainstream porn were extensively explained by Darling (2014).While the role of communities was intentionally overlooked for this segment of the industry, I argue that it is central to the production of alternative pornographies. The research question, then, consists in investigating the role of creative communities and entrepreneurs in producing digital sex-positive pornography in a context of a weak intellectual property regime. I used a qualitative method to tackle this question,in order to document community and entrepreneurial activity in the sex-positive niche. As a conclusion, I find that sex-pos pornographic content is specifically exploited mostly through informal means, based on intrinsic motivation and reputational mechanisms. More specifically, these communities and entrepreneurs are central to the creation of copyrighted content, as they act as informal instruments of intellectual property exploitation and appropriation
Yentcharé, Pag-yendu M. "Protocole de Nagoya et protection juridique des savoirs traditionnels associés aux ressources génétiques : la fabrique d'un droit international de la reconnaissance". Doctoral thesis, Université Laval, 2019. http://hdl.handle.net/20.500.11794/70262.
Pełny tekst źródłaThis thesis aims at contributing to the legal protection of traditional knowledge (TK). This topic has received an increasing international attention, thanks to the denunciation of misappropriation of the traditional knowledge (TK) of indigenous peoples or local communities (IPLCs) by the civil society. Such a misappropriation, also refers to as “biopiracy”, happens when users rely on the TK of IPLCs to make new food products, cosmetics or pharmaceuticals, obtain intellectual property rights – especially patents – on these products, without recognizing their contribution in the making of protected innovation. In response to this problem, international law proposes two answers. On one hand, Article 5(5) of the Nagoya Protocol, which entered into force on 12 October 2014, establishes the principle of fair and equitable sharing of the monetary and non-monetary benefits arising out of the use of the TK of IPLCs on the virtues of plants or animals. However, this principle is conditioned by the conditions and limits that may be set by the national law of the supplier State. On the other hand, the World Intellectual Property Organization (WIPO) has been developing for the past 18 years specific sui generis legislation to protect TK in response to allegations of the inadequacy of patents to do so. In fact, TK is considered not to fulfill the conditions of novelty, inventiveness and industrial application required by national patent laws. These two solutions, considered complementary, do not seem to suit with an effective protection of TK. This thesis therefore seeks a legal solution that is more adapted to the realities experienced by the IPLCs. Building on a theoretical framework articulating the concepts of social construction, recognition and equity and environmental justice, this thesis aims at understanding of how the two major approaches concerning the protection of genetic resources in international law have been structured. This reflection opens the possibility to challenge the argument of non-patentability of TK based on the analysis of three biopiracy cases (the Hoodia gordonii, the Guiera Senegalensis and the Quassia amara cases). It also suggests, in the post-Nagoya era, a renewed and pragmatic approach to patent as an effective tool for the protection of traditional knowledge.
Boutillon, Isabelle. "Le traité de coopération en matière de brevets (PCT) : à la recherche d'un équilibre en mouvement sans cesse réinventé : le modèle d'un système fondamentalement international et multilatéral". Thesis, Strasbourg, 2016. http://www.theses.fr/2016STRAA003/document.
Pełny tekst źródłaThe Patent Cooperation Treaty (PCT) is the basis for the only international system for the filing of international patent applications (with almost 150 Contracting States at the beginning of 2016, more than 100 patent offices, more than 20 international authorities and more than 200,000 filings per year). A system whose basic principles are both so simple and clear, while being so complex and detailed in its functioning. How does its 1960-70 pioneer character still manifest itself today? How does its legal framework composed of numerous texts evolve while the treaty has not changed? Mastering the legal architecture of its texts and its evolution mechanism requires a deep study, calling upon both the letter and the spirit of the text of the treaty, and an analysis which will lead well beyond its spirit, and possibly even against its letter. The letter and the spirit of the text, considered in space and time, as well as the numerous actors sharing power, in an attempt to understand how the system as a whole never stops reinventing its equilibrium in an international and multilateral context
Ndour, Marame. "La politisation de l’accès aux médicaments dans l’espace international : L'Organisation mondiale de la santé comme foyer d'une dynamique contestataire". Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010356.
Pełny tekst źródłaDrawing from an investigation of the role played by WHO in the politicization of access to medicines issue at an international level, this thesis reports on two things: - first, on the specific conditions in which this issue emerged and how it was structured within and by WHO; - second, on its effects on international health public policy. Indeed WHO has been the space of an unprecedented and long-lasting political debate on tensions between public health and international trade, and more specifically between pharmaceutical patents and access to medicines in developing countries. The main objective is to understand the social and political dynamics behind a process that occurred within an organization with mostly non-binding norms, and which has been relatively marginalized in its field of intervention. Favoring an international political sociology perspective, this research shows that WHO offered material and symbolic adherence to the claims for greater access to medicines and pharmaceutical innovation system reform. These claims were shaped and consolidated by a coalition of actors within and outside WHO, and in return this politicization process helped replace the organization at the center of the new international access to medicines' policy space. A secondary thesis is that this framing process was possible as it provided at the same time some room for policy entrepreneurs without fundamentally questioning the challenged social order. Indeed, the emerging institutionalized solutions, both in and outside WHO, are domesticated political arrangements which hardly go beyond the dominant pharmaceutical innovation system
Farah, Paolo Davide. "L'intégration de la Chine dans l'Organisation mondiale du commerce". Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32085.
Pełny tekst źródłaThis doctoral thesis will aim at addressing the following problematic issue: contemporary international trade law has been established on liberal (free trade) principles in order to allow the free movement of goods and services (WTO, GATT, GATS, etc.), without taking into account other countries internal cultural barriers (for example in China), or non-trade concerns (NTCs). How to overcome internal barriers? How to integrate non-trade concerns? China is part of the problem as well as part of the solution. On one hand frictions between global free-trade principles and local cultural habits are overwelhming present in China and continuously interfere with the requirements of trade regulation. On the other China’s involvement in green technology or renewable energies give more weigth to the necessity of extending the international trade framework to include non-trade concerns in its definition
Francheteau, Maria. "Commerce international des biotechnologies végétales et conservation de la diversité biologique". Nantes, 2008. http://www.theses.fr/2008NANT4001.
Pełny tekst źródłaFor many years, plant biotechnologies have been part and parcel of a thriving international trade framed by the WTO law. They provoke acute debates among States as far as intellectual property rights protecting them are concerned, as well as for the risks they could cause to the environment and health. Thus, the WTO TRIPS Agreement is particularly argued by developping countries. The patents licensed to protect plant biotechnological inventions, which enable their owners to carry out exclusive rights on these goods, make it hard to implement the fair and equitable sharing of the benefits stemming from the exploitation of the genetic resources which the Convention on Biological Diversity would like to offer to these countries. Moreover, the achievement of its objectives regarding biological diversity conservation and sustainable use is nonetheless jeopardized. Therefore, countries try to find solutions to these problems by protecting plant varieties through sui generis systems. However, the latter tend to be more and more similar to the patents system. Thus commercialised, plant biotechnologies could present sanitary and phytosanitary risks. If the WTO SPS Agreement gives some opportunities to prevent these risks, in keeping with the Biosecurity Protocol, these opportunities are nevertheless limited when the question is to anticipate them. This highlights a little more the utopia of an absolute conciliation between the liberalization of plant biotechnologies international trade and environmental as well as sanitary stakes
Bagal, Monique. "La protection des indications géographiques dans un contexte global : essai sur un droit fondamental". Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE3077.
Pełny tekst źródłaSince two decades, the international protection of geographical indications is characterized by a “blockage” in the negotiations at the World Trade Organization opposing the countries favorable to the protection of geographical indications to countries more skeptical in this regard. Deriving from a compromise between the European conception of the protection of GIs and the American one, the minimum standards of TRIPS have revealed the different legal options in this field and have resulted in a passionate debate over the appropriate role of the State. History shows that the advocacy for, or indictment against one or the other way of protecting GIs focuses essentially on the philosophy of protection in one or the other territories. As a reminder, the European Union “culture” is to protect industries far too exposed to competition while the American “culture” is to preserve economic freedom of operators and to grant monopoly on a geographical name only where such name has been tested on the market and is recognized by the “public” as having a geographical anchorage. Equally compelling, neither of these philosophies has allowed reaching the most acceptable balance for GI regime. This work seeks to transcend them. It bets that everything has not been tried yet, at least from a legal perspective. In order to find a common solution and a way forward to multilateral protection of geographical indications, the paper relies on the culture of “human rights”, not really with a view to “moralize” the field of study but more to deduct practical answers deriving from the international human rights law. As a matter of fact, article 15.1 c) of the Convention on Economic, Social and Cultural Rights provides that “The States Parties to the present Covenant recognize the right of everyone […] to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author”. The activation of this article could allow approaching geographical indications operators, not only as beneficiaries of certain rights but also as beneficiaries of public policies. By virtue of article 15.1 c), there shall be a right to benefit from the GI protection (“right-liberty”) but also, a right to claim certain public policies (“right-debt”) in this regard. Beyond this seemingly strict framework for GIs, the reference to international human rights law proves to beneficial to the necessary balance between the rights of GI operators and the rights of the public. Incidentally, this balance is inclusive of multiple issues which is essential to the legitimacy of the multilateral regime of protection of GIs
Soubra, Itani Hala. "Autonomisation, élargissement et coopération des Organisations intergouvernementales : le cas de l'UNESCO, de l'OMC et de l'OMPI". Thesis, Grenoble, 2012. http://www.theses.fr/2012GRENH029.
Pełny tekst źródłaThe first concern of this research at its inception was to assess the role of Intergovernmental Organizations in global Governance. Are IGOs able to think globally or are they so tied to the most powerful states that they lack autonomy? The next step was to measure the degree of autonomy of these IGOs and their capacity to go beyond the most powerful states interests. We also aim as studying the process of their extension to new fields that are not necessarily mentioned in their initial mandate and that could even change the nature of the Organization. This extension dictated by their environment generates overlapping actions and cross-cheking procedures, which make the study of an eventual cooperation between them necessary. Our objective is therefore to study the relationship between IGO's autonomy (i.e., the process of their autonomisation), their extension and their cooperation. The greater is the autonomy of an IGO, the greater is its extension, and supposedly greater is its cooperation. For that purpose, our case study focuses on three Organizations that have the subject of culture in common: UNESCO, WTO and WIPO. Indeed, these three Organizations have different origins but are dealing with culture, since they extended their initial scope of interest. UNESCO dealt first with the physical heritage and then with the intangible heritage and eventually addressed the diversity of cultural expressions that can includes tradable goods and services. WTO, which was originally conceived as a Forum of negotiation for free trade, is now involved in Intellectual property of cultural goods through the TRIPS. WIPO, the technical Organization for Intellectual property now harbors a debate on Traditional knowledge, Genetic resources and Folklore. These subjects are obviously related to UNESCO's intangible heritage and cultural expressions, and to the concerns of the WTO since the products of Traditional knowledge and genetic resources are tradable goods. Thus, the intersection point between these three Organizations is culture. A subject that is apparently soft is actually hiding important economic issues. In particular, it divides the international community and is the source of serious tension in international fora. Cultural domination is threatening cultural diversity. The developing countries are becoming more and more unable to preserve their culture when confronted to open markets and to the technology development enhanced by globalization. Some developed countries such as Canada and France are also worried about the threatening of their culture by an American invasion of their territories through cinema and television productions. We conclude that the relationship between different IGOs in the field of cultural norms production looks more conflictual than cooperative even if, paradoxically, the same states are adopting the norms in most fora. Since the power game was different in each Organization, actors and values are different as well. Consequently, the autonomy targeted by IGOs is not always translated into a better inter states cooperation. It generates a multiplicity of norms. In some cases, they are even contradictory. Likewise, the hierarchy of IGOs is not permanent, but changing and reversible. The rank of an IGO depends on how it is pursuing its objectives and how it is reacting with its environment. The weakest or the most ideological Organizations have a function in the international architecture. They are positioning themselves between rich and poor countries, and try to establish some balance, not to be overwhelmed by big economic players. These Organizations can minimize, block or delay norms' implementation. Thus, it is the competition between the different actors that makes global governance acceptable. Therefore, good global governance remains an utopia
Obertan, Paméla. "Les stratégies de contestation des pays en voie de développement face à l'universalisation des brevets sur le vivant". Thesis, Antilles-Guyane, 2013. http://www.theses.fr/2013AGUY0642/document.
Pełny tekst źródłaAccording to the classical theories of power, asymmetrical relations generally favor the most powerful actor in terms of resources. However, the most powerful in terms of strength and resources part does not always win in negotiations. This depends on several factors, including negotiation tactics of the weaker party. Our thesis aims to analyze different type of negotiation strategies that weaker parties can use to obtain some benefit. To illustrate this point, we chose the example set by a number of developing countries (DV) to challenge the patenting of life contained in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Our goal was to understand the key strategies they have used to question this norm and rebalance it. To make this work, we used the concept of hegemony conceptualized by Gramsci and the concept of framework borrowed from the literature of social movements. This tool has allowed us to make the assumption that TRIPS is a hegemonic norm that mainly benefit to few developed countries and international companies. However, this domination is hidden by the norms thanks to universal and positive discourse which help to generate strong adhesion. Thus, in such a case, developing countries can’t expect to challenge this norm without a change of perception. It is therefore necessary that the rules perceived as fair and immutable are framed as unjust and mutable, so that countries decide to challenge it. We then tested this hypothesis through a content analysis of the DC’s official discourse at the World Trade Organization. This work has allowed us to observe that the framing is an important tool in the fight against the norm’s hegemony. Indeed, it offers the possibility to show that the patenting of life, far from presenting just a source of benefits, is also a source of problems that need solutions. The frame is also a good way to develop alternative normative propositions. However, we found that this strategy is insufficient to translate DC’s proposals into binding norms. In order to obtain changes in the agreement, building coalitions is particularly relevant for DC. Furthermore, we noted that DC which require regulatory changes when the structure of political opportunities is opened are more likely to obtain what they want. This thesis offers us a general picture of negotiations strategies and reveal that under certain conditions the weaker parties can get some gains in an asymmetrical negotiation
Loum-Neeser, N'deye fatou. "Les pays en développement et la brevetabilité des médicaments en matière de lutte contre le VIH/SIDA : étude de droit comparé sur les controverses actuelles concernant le rôle des brevets pharmaceutiques dans l'accès aux médicaments de traitement du VIH/SIDA des pays en voie de développement". Thesis, Strasbourg, 2012. http://www.theses.fr/2012STRAA034/document.
Pełny tekst źródłaIn developing countries, problems brought about by HIV/AIDS and inaccessibility of antiretrovirals (ARVs) are proving to be the cause of serious damages at all levels (demographic, political, social and economic). Within the context of the World Trade Organization, and in particular the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”), a growing number of developing countries have integrated or are in the process of integrating into their national law an international standard of patent protection for pharmaceutical products and processes. Such integration continues to play a major role in the issue of access to medicines in developing countries. The conditions and effects of the protection regime respecting innovations give rise to heated debates between supporters of an increased patent protection and defenders of the access to essential medicines. One of the main motivations for our research is to provide a study that helps to find solutions that are both in favour of improving access to medicines and protecting innovation. The complex problem of access to ARV drugs in developing countries is influenced by the multidisciplinarity and interdependence of many factors. The patent system does not solve the problem on its own. However, it should be seriously considered in its function of balancing the private and collective interests. It is a valuable legal tool for the economic and technological development of the developing countries and to achieve the common interest against the pandemic
Ahado, Djifa. "Les négociations commerciales multilatérales et le développement : analyse de l'intégration des pays de l'Afrique de l'Ouest aux négociations multilatérales à partir des trois piliers de l'OMC". Mémoire, 2007. http://www.archipel.uqam.ca/4731/1/M9957.pdf.
Pełny tekst źródłaBruneau, Mathieu. "Legal shifts : shaping expectations of intellectual property protection in an open innovation industrial environment". Thèse, 2015. http://hdl.handle.net/1866/14018.
Pełny tekst źródłaCe mémoire vise à évaluer les effets de variations des attentes des firmes quant à la protection conférée par les droits de propriété intellectuelle (« PI ») pour les inventions et innovations dans un milieu industriel d’innovation ouverte. D’abord, les régimes de PI aux États-Unis et au Canada sont analysés à travers des cas jurisprudentiels et législatifs et des traités internationaux afin d’illustrer de quelle façon les normes juridiques changent et démontrer les répercussions sur les attentes des firmes. Puis, les attributs du modèle de l’innovation ouverte, où les firmes gèrent à dessein leurs relations d’affaires avec une attitude d’ouverture, sont décrits et sa pertinence est appuyée à l’aide d’un modèle simple. L’accent est mis sur son traitement distinctif des échanges de connaissances et d’intrants à l’intérieur même des firmes et entre elles. Une fois ces notions établies et s’y référant à titre d’hypothèses, un modèle microéconomique des échanges de connaissances entre firmes est élaboré, avec deux variables de choix, la PI et le secret, qui captent les mécanismes de gestion technologique des firmes. Par la tension entre ces variables, les processus de prise de décisions et les interactions entre les firmes sont évalués au moyen d’une analyse statique. Pour étudier plus en détails les choix des firmes, une version à deux joueurs du modèle est examinée au moyen de la théorie des jeux. Dans toutes ces formes du modèle, l’impact des fluctuations des attentes des firmes relativement au droit de la PI est jaugé. Tel que prévu, ces effets pour une firme changent en fonction des choix de gestion de chacune des firmes. Les effets varient également eu égard à la nature des relations à travers lesquelles les échanges de connaissance ont lieu. Dans la variante à deux joueurs, la statique comparative d’un équilibre de Nash en stratégie mixte montre que la relation avec l’autre joueur imprègne les incidences des variations du droit sur les stratégies de gestion technologique. Par exemple, une hausse des attentes de protection juridique de la PI couvrant la technologie d’une firme peut étonnamment mener cette firme à moins y recourir.
The purpose of this thesis is to assess the effects of changes in firms’ expectations of intellectual property (“IP”) law protection over inventions and innovations in an industrial environment characterized by open innovation practices. To begin, a legal analysis of IP regimes in Canada and the United States is achieved through different cases of court decisions, legal amendments and international treaties in order to show how legal standards vary and to demonstrate the repercussions of legal shifts over firms’ expectations. Then, the characteristics of the open innovation management model, in which firms adopt a purposively open mindset in their business relationships, are described, and its relevance is supported using a simple model. Emphasis is laid upon open innovation’s distinguishable treatment of intra- and inter-firm flows of knowledge and inputs. Building on these insights and using them as assumptions, a microeconomic model of firms’ knowledge flow interactions is constructed, with two choice variables that capture firms’ technology management mechanisms in an open innovation industrial environment: IP and secrecy. Through the tension between these two variables, inter-firm interactions and decision-making processes are assessed with a static analysis. To study firms’ choices in greater detail, a two-firm version of the model is then examined using game theory. Throughout, the impact of fluctuations in firms’ expectations of IP law is assessed. As expected, these effects, for a focal firm, vary depending on that firm’s technology management decisions as well as other firms’. Effects also differ with respect to the nature of knowledge flows relationships that each firm undertakes. In the two-firm game theoretic version of the model, comparative statics of a mixed-strategy Nash Equilibrium show that the relationship with the other firm qualifies the consequences of legal shifts on firms’ technology management strategies. Notably, increasing expectations of IP protection for a firm’s technology might actually result in this firm relying less on IP.