Unsettled International Intellectual Property Issues

Unsettled International Intellectual Property Issues
Publisher Kluwer Law International B.V.
Release Date
Category Law
Total Pages 238
ISBN 9789041131119
Rating 4/5 from 21 reviews
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The interface between intellectual property and other fields, such as public health and biotechnology, has raised expectations from both developed and developing countries. At the same time, a variety of issues have arisen from these relationships. Debates over public health, protection of traditional knowledge and traditional cultural expressions or expressions of folklore, and the control of biological resources and access to genetic resources pose major challenges to the current global system of intellectual property. This thoughtful book serves not only to contribute to these ongoing debates but also, through in-depth analysis and well-grounded recommendations, to move them closer to resolution in a manner beneficial to all interested parties. Among the matters discussed are the following: intellectual property and public health; intellectual property and traditional knowledge and traditional cultural expressions or expressions of folklore; intellectual property and plant varieties, biodiversity and access to genetic resources; use of marks and other signs on the Internet; and the international framework in respect to geographical indications. Drawing on prodigious familiarity with relevant conventions and international legal instruments in the field and debates on these issues as carried out under international bodies – including the World Trade Organization (WTO), the World Intellectual Property Organization (WIPO), the Food and Agriculture Organization (FAO), the International Union for the Protection of New Varieties of Plants (UPOV) and the World Health Organization (WHO), as well as the Convention on Biological Diversity (CBD) and the African Model Legislation – the author offers clear, well-thought-out proposals on how to respond to these issues. In the same vein, the author makes a number of proposals on how to strike a balance between the exclusive rights of the patentee and the right to public health or access to medicines, especially in the context of the HIV/AIDS crisis. In addition, holding that the owners or possessors of traditional knowledge or traditional cultural expressions or expressions of folklore are entitled to intellectual property rights protection, he advocates the development of a global and binding international ‘protection instrument’ that takes particular features of these rights into consideration. He proposes the extension of the scope of applicability of the requirement of the disclosure of the country of origin of genetic resources, both at the international and national levels. He also proposes refinements to the system for multilateral notification and registration of geographical indications in respect to wine and spirits and the extension of the higher protection of geographical indications to other products and suggests new ways to approach unsettled issues arising from the use of marks or other signs on the Internet. As a deeply informed analysis of how to integrate intellectual property rights into the international development process, this book takes some giant steps toward the general recognition of the real parameters of the most severe problems plaguing the developing world and offers reachable measures toward significant improvement of those problems. It will be of interest to all professionals, officials, and academics concerned with the equitable administration of intellectual property rights.

Unsettled International Intellectual Property Issues
  • Author : Tshimanga Kongolo
  • Publisher : Kluwer Law International B.V.
  • Release Date : 2008-01-21

The interface between intellectual property and other fields, such as public health and biotechnology, has raised expectations from both developed and developing countries. At the same time, a variety of issues have arisen from these relationships. Debates over public health, protection of traditional knowledge and traditional cultural expressions or expressions

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Competitive Strategies for the Protection of Intellectual Property
  • Author : Owen Lippert,Fraser Institute (Vancouver, B.C.)
  • Publisher : The Fraser Institute
  • Release Date : 1999-01-01

Read online Competitive Strategies for the Protection of Intellectual Property written by Owen Lippert,Fraser Institute (Vancouver, B.C.), published by The Fraser Institute which was released on 1999-01-01. Download full Competitive Strategies for the Protection of Intellectual Property Books now! Available in PDF, ePub and Kindle.

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Intellectual Property and the Safeguarding of Traditional Cultures  Legal Issues and Practical Options for Museums  Libraries and Archives
  • Author : World Intellectual Property Organization
  • Publisher : WIPO
  • Release Date : 2010

This publication, prepared under the aegis of the WIPO Creative Heritage Project by two external consultants, Ms. Molly Torsen and Dr. Jane Anderson, offers legal information and compiles practical experiences on the management of intellectual property for cultural institutions whose collections comprise traditional cultural expressions. It seeks to respond directly

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Intellectual Property on the Internet
  • Author : World Intellectual Property Organization
  • Publisher : WIPO
  • Release Date : 2002

Report addresses the far-reaching impact that digital technologies-- the Internet in particular-- have had on intellectual property (IP) and the international IP system.

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Intellectual Property Rights in Plant Varieties
  • Author : Laurence R. Helfer,Food and Agriculture Organization of the United Nations
  • Publisher : Food & Agriculture Org.
  • Release Date : 2004

The study provides an overview of the international intellectual property system regulating plant varieties. It identifies the essential features of this system, including the policies supporting the grant of intellectual property rights (IPRs) and the societal objectives in tension with IPRs, the institutions that have shaped the international intellectual property

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International Monetary and Financial Issues for the 1990s
  • Author : Anonim
  • Publisher : Unknown
  • Release Date : 1992

Read online International Monetary and Financial Issues for the 1990s written by , published by which was released on 1992. Download full International Monetary and Financial Issues for the 1990s Books now! Available in PDF, ePub and Kindle.

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Economics for Intellectual Property Lawyers
  • Author : Nicola Searle,Martin Brassell
  • Publisher : Unknown
  • Release Date : 2016-08-02

Intellectual property has traditionally been a matter for the legal professions, but with the shift to evidence-based policy, the global economic upheaval, and the advent of the digital age, intellectual property is increasingly informed by economic perspectives. This book offers provide a clear and practical guide to economic approaches to

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Trademark Counterfeiting
  • Author : George W. Abbott,Lee S. Sporn
  • Publisher : Aspen Publishers
  • Release Date : 1999

An insider's analysis on the law and enforcement of trademarks from developing an effective anticounterfeiting program to using customs enforcement to stop counterfeit goods from entering the marketplace to punishing counterfeiters in the courtroom. You'll find comprehensive coverage of trademark counterfeiting law written by legal and enforcement IACC members, from

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ICSID Convention after 50 Years  Unsettled Issues
  • Author : Crina Baltag
  • Publisher : Kluwer Law International B.V.
  • Release Date : 2017-02-15

The International Centre for Settlement of Investment Disputes (ICSID) has played a leading role in establishing the field of foreign investment law. It is primarily due to the ICSID that it is no longer peculiar for individuals and corporations to have legal standing in claims against governments — probably the most

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Geographical Indications at the Crossroads of Trade  Development  and Culture
  • Author : Irene Calboli,Wee Loon Ng-Loy
  • Publisher : Cambridge University Press
  • Release Date : 2017-06-30

Historically, few topics have proven to be so controversial in international intellectual property as the protection of geographical indications (GIs). The adoption of TRIPS in 1994 did not resolve disagreements, and countries worldwide continue to quarrel today as to the nature, the scope, and the enforcement of GI protection nationally and

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Development News Bulletin
  • Author : Anonim
  • Publisher : Unknown
  • Release Date : 2004

Read online Development News Bulletin written by , published by which was released on 2004. Download full Development News Bulletin Books now! Available in PDF, ePub and Kindle.

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The World Jurist
  • Author : Anonim
  • Publisher : Unknown
  • Release Date : 1980

Read online The World Jurist written by , published by which was released on 1980. Download full The World Jurist Books now! Available in PDF, ePub and Kindle.

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Current Law Index
  • Author : Anonim
  • Publisher : Unknown
  • Release Date : 2007

Read online Current Law Index written by , published by which was released on 2007. Download full Current Law Index Books now! Available in PDF, ePub and Kindle.

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Substantive Law in Investment Treaty Arbitration
  • Author : Monique Sasson
  • Publisher : Kluwer Law International B.V.
  • Release Date : 2016-04-24

This new edition of what has rapidly become the pre-eminent work on the role of municipal law in investment treaty arbitration is justified not only by the accelerating appearance of investment treaty awards but also by the continuing, serious flaws in the application of international law by investment treaty arbitral

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The Making of the Trips Agreement
  • Author : Jayashree Watal,Antony Taubman
  • Publisher : Unknown
  • Release Date : 2015

A comprehensive account of the establishment of the World Trade Organization, focusing on those who shaped its creation as well as those who have influenced its evolution. The book examines trade negotiations, the WTO's dispute settlement role, the presence of coalitions and groupings within the WTO, the process of joining

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