Advantages And Disadvantages Of Compulsory License

Advantages And Disadvantages Of Compulsory License
A compulsory license is an authorization given by a national authority granted without the permission of the patent/IPR holder. Historically speaking, a
compulsory license can be invoked on one of the various grounds, and should be issued on a case–by–case basis. Using compulsory license is one of
the flexibilities retained under TRIPS, and hence permitting Member States to determine the appropriate circumstances within certain limits.
Particularly, compulsory licensing provisions in India have been under criticism regarding compliance with international treaties. The Indian Patent Act
does not confine the grounds to public health needs only. The grounds and types of compulsory license under the Indian Patent Act are listed in Table 3
succinctly. This part would discuss the failure of working (non–working), the especially contested grounds in the following passages. 1.The Rationale
behind the Local ... Show more content on Helpwriting.net ...
In order to adjust high prices brought by granting exclusivity to IPR owners, some countries assert that using local working requirements as a means to
the end. Labeling this rationale as "protectionism," Cottier et al. argue that there are still other useful means to achieve the same end, such as
increasing foreign direct investment (FDI) or reverse engineering. The positive relationship between FDI and IPR protection has long been argued,
while the latitude for competitors to reverse engineer is decreasing owing to the higher harmonization pressure from IPR maximalist countries.
Conversely, the quality of human resources and business environmental soundness maybe has more influence on FDI. Professor Ragavan points out
with discernment that countries having increasing FDI are actually the countries recognized to have disreputable fame in IPR protection once before,
such as China and
... Get more on HelpWriting.net ...

Passing Off Notes
PASSING OFF– a common law
Definition:
Perry v Truefitt: Lord Langdale: a man is not to sell his own goods under the pretence that they are goods of another man; he cannot be permitted to
practice such a deception, nor to use the means which contribute to the end. He cannot therefore to use names, marks, letters or other indicia by which
may induces others to believe, the goods are manufacture by another.
Erven Warninch v Townend:
Lord Diplock: 5 characteristics: 1) misrepresentation 2) made by a trader in the course of trade 3) to prospective customers of his or ultimate
consumer of goods or services supplied by him 4) which may injure the business or goodwill of another 5) cause actual damage to a business or ... Show
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There is still goodwill in Willy, because if England win the world cup again, they might use again. Still associate with consumers. Maslyukov v Diageo:
claimant still sells his own whisky to independent bottlers. Justice Arnold allowed the injunction, because there was no intention to abandon the
associated goodwill. FOREIGN Evidence of business activity Sheraton v Sheraton Motels: Booking were made frequently from the UK, thru office in
London and travel agencies. The defendant has goodwill which would be exposed to risk from confusion between their businesses in different parts of
the world. No business activity, but customer Bernadin v Pavillion properties: There is few customer from and advertisement in UK, but there is no
trading in UK. Thus, it has no goodwill. (1967) Pete Waterman v CBS UK ltd: a counter claim ofpassing off were executed by the defendant, the
defendant was able to sough injunction based on the fact that, he has significant number of customers from UK to New York, thus establish goodwill.
(1993) Anheuser–Busch Inc v budejovicky Budvar: selling beer in US army base doesn't constitute to trading in UK. Athelete's Foot v Cobra Sports:
Plaintiff plan to grant franchise to UK, but negotiation failed. Defendant registered and advertised the name in magazines. Plaintiff failed because there
was no damage that could suffer in UK, because of no customer. Mere

The Convention And The Gatt System
To satisfy the national treatment principle ensured in the Paris Convention and the GATT system, the "availability" of article 27.1 should be
interpreted as Members are required to "grant" patents regardless of the product or process ' field of technology, place of manufacture, or the applicant
's nationality. Particularly, article 2 of the Paris Convention specifies the foreign applicants enjoys thepatent right be granted to her in all countries of
the Union. Furthermore, article 2 of the Paris Convention is incorporated by article 2.1 of the TRIPS Agreement. The non–discrimination obligation in
article 27.1 of the TRIPS Agreement is to ensure the national treatment incorporated from the Paris Convention to be fully implemented.... Show more
content on Helpwriting.net ...
Hence, section 84 does not discriminate de jure. Nevertheless, there might be de facto discrimination in practices (in granting compulsory licenses, not
in granting patents) due to the fact that most of the patentees are foreigners in a developing country. However, neither de jure discrimination nor de
facto discrimination exists in "making patents available" to foreigners. Arguably, it would be de facto discriminatory to nationals in developing
countries. Most important of all, scholars also concur on the opinion that technology–specific differentiations can be justifiable, not per se
impermissible under TRIPS. The Canada–Pharmaceutical Patents panel did not intend to provide a rigid rule to determine what constitutes a
legitimate reason to impose a differential treatment. The IPA did not appear to apply the local working requirement only to the pharmaceutical sector.
Previously, Brazil introduced a local working provision (article 68) in its Industrial Property Law and the US filed a complaint before the WTO dispute
settlement body in 2001. Nonetheless, the U.S. agreed with non–discrimination of article 68 of Brazil 's Industrial Property Law, but argued that it is a
protectionist measure, intending to create jobs domestically extensively though out all technology fields. These considerations regarding articles 7 and
8 of the TRIPS Agreement would be discussed in

Development vs Environment
DEVELOPMENT VERSUS ENVIRONMENT: THE CLASSIC DILEMMA
INTRODUCTION
"For the greenest of environmentalists, humans are of lesser importance than the abundant and diverse flora and fauna of the planet. Humans are
defined as a recent addition to the livestock and are considered to have been a wholly disruptive influence on a world which was paradise before their
arrival."[1]
The condition of the environment today is well known to all and sundry. Deforestation, global warming, climate change, toxic pollution, and many more
harmful phenomena, have spread all over the world at a pace so fast that the people of the world have had no time to react to it effectively. All over,
the loss ... Show more content on Helpwriting.net ...
The globalisation of environmental law describes the increasing scope of each member of the international community's legal interest (and right) in the
conservation and use of the environment and natural resources. International environment agreements have continuously expanded the boundaries of
common responsibility, and UNCED endorsed the general principle that States have a "common responsibility" for environmental protection and
sustainable development.
The legal interest which a state has can be translated into a legal right of equitable access to, and use of, a particular environmental resource, and a legal
responsibility to prevent harm to it. While the precise extent and legal nature of that interest will differ as a result of the particular attribution, the
responsibility of each State to prevent harm to them, in particular by the adoption of national environmental standards and international environmental
obligations, will also differ. Broadly speaking, the difference could define the nature and extent of the international environmental obligations of
developed and developing countries.[3]
For all members of the international community the implications of extending the notion of common responsibility to one of general application, as
reflected in the the United Nations Conference

Copyright And Copyright Of Copyright Essay
COPYRIGHT & TRADEMARK
1.Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled
I.INTRODUCTION TO THE CONVENTION/ TREATY/ AGREEMENT
The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (MVT) is
the most recent expansion to the assemblage of global copyright bargains directed by WIPO. It has a reasonable compassionate and social improvement
measurement and its principle objective is to make a situated of required limits and exemptions for the advantage of the visually impaired, outwardly
hindered and generally print incapacitated (VIPs).
It obliges Contracting Parties to present a standard arrangement of impediments and special cases to copyright governs to allow proliferation,
dispersion and making accessible of distributed works in organizations intended to be available to VIPs, and to allow trade of these works crosswise
over fringes by associations that serve those recipients.
The Treaty illuminates that recipient persons are those influenced by a scope of handicaps that meddle with the powerful perusing of printed material.
The expansive definition incorporates persons, who are blind, outwardly impeded, or perusing debilitated or persons with a physical handicap that
keeps them from holding and controlling a book.
Just works "as content, documentation and/or related representations, whether distributed or

Havana Club Trademark Dispute Case
CHAPTER 1
INTRODUCTION
The "US Section 211 Appropriation Act case", more commonly referred to as "United States–Cuba 'Havana Club' Trademark Dispute case" has been
one of the more controversial and potentially divisive cases before the World Trade Organization (hereinafter referred to as: "WTO") to date. The
European Union (hereinafter referred to as: "EU") filed a complaint against the United States alleging that a law which prohibited the registration and
enforcement in the United States of a Cuban trademark, "Havana Club" rum, which was licensed to the French company, Pernod–Ricard, S.A.
(hereinafter referred to as: "Pernod–Ricard"), was in violation of the WTO Agreement, which protected the intellectual property rights of WTO
Members and ... Show more content on Helpwriting.net ...
Cubaexport, a State–owned enterprise, exported Havana Club rum, primarily to the communist countries in Eastern Europe and to the Soviet Union
from 1972 to 1993. Cuba export had registered the "Havana Club" trademark with the United States Patent and Trademark Office ("PTO") in 1976
under Registration No. 1,031,631. In 1993, Cubaexport decided to seek a foreign partner for its Havana Club rum business. In this regard, Havana
Rum and Liquors, S.A. ("HR&L"), was formed under the laws of Cuba. Consequently, HR&L entered into a joint–venture agreement with
Pernod–Ricard. In November 1993, Pernod–Ricard and HR&L entered into an agreement, which formed Havana Club Holding, S.A. ("HCH"), a
Luxemburg corporation, and Havana Club International, S.A. ("HCI"), a Cuban corporation. Cubaexport then assigned its U.S. trademarks to HR&L,
which, in turn, assigned them to HCH on June 22, 1994. HCH renewed the U.S. registration for the "Havana Club" mark for a term of ten years in

Patenting And Technology Entrepreneurship : Issues,...
1 Review Article
2 Patenting and Technology Entrepreneurship in Nigeria: Issues, Challenges and Strategic
3 Options
4
5
6 Abstract
7 Patent is a useful indicator of scientific outputs and economic activities of countries. It provides
8 opportunity for linkages between research organisations and industry within National Innovation
9 Systems (NIS); but it has not been adequately utilised by several developing countries including
10 Nigeria. Technological entrepreneurship has to do with the commercialisation of research results
11 through diverse means such as incubators and spin–off firms. However, Nigeria with several
12 universities and research institutes develops many inventions without deriving much benefit
13 from them. This is due to low quality of the research outputs and the non–patenting of such
14 inventions. Also, the commercialisation process is impeded by lack of venture capital and poor
15 entrepreneurial culture among researchers. This paper proposes better funding for education and
16 research, the inclusion of business experimentation in Nigerian institutions to create a pool of
17 technological entrepreneurs within Nigeria's NIS. The paper also advocates for full
18 implementation of the new Science, Technology and Innovation Policy to address the issues of
19 patenting and commercialisation of inventions in Nigeria.
20 Keywords: Patenting, technopreneurship, STI, Nigeria and commercialisation
21
22 1.0 Introduction
23 It is pertinent to note that

Technology And Technology Essay
'Necessity is the mother of invention.' Human beings have made do with their lot since time immemorial. Humanity has constantly tried to adapt to the
world that it finds itself in, to conquer the environment in order to live more comfortable lives. Quite unlike the rest of the life forms that are present
on earth, human beings have the distinction of having the capacity to create the most ingenuous ways of adapting and changing the environment to his
favor–technology. Technology can be summed up as the use of non–human organisms, mechanisms or machinery to complete tasks at the command of
the controlling individual.
Technology ultimately affects social relations (Ogburn, 1947). This essay will analyze the American society and discuss the impact of technology on
its outlook. The point is to find out those means through which the advances of technology has shaped this great society and shifted how the truths in
this society are perceived.
A Background of American Society Pre–industrialization
The industrial revolution and the agrarian revolution can be said to be single–handedly responsible for the technological advancement in the United
States. When the European settlers came to strip the Native Indians of their heritage, what we all know as our home was a wild land that was not
conquered by any man. Our settler ancestors themselves had a rudimentary knowledge of the operations of the universe. This was clearly seen in the
way that they interpreted Christianity, the bane of

Is China a Neo-Mercantilist Nation?
Is China a Neo–mercantilist nation?
Definition: neo–mecantilism
Neo–mercantilism is a policy regime that encourages exports, discourages imports, controls capital movement, and centralizes currency decisions in the
hands of a central government. The objective of neo–mercantilist policies is to increase the level of foreign reserves held by the government, allowing
more effective monetary policy and fiscal policy.
This is generally believe to come at the cost of lower standards of living than an open economy would bring at the same time, but offers the advantages
to the government in question of having greater autonomy and control. It is called "neo–" because of the change in emphasis from classical
mercantilism on military development, ... Show more content on Helpwriting.net ...
Peter Drahos explains that "States realized that patent systems could be used to cloak protectionist strategies. There were also reputational advantages
for states to be seen to be sticking to intellectual property systems. One could attend the various revisions of the Paris and Berne conventions,
participate in the cosmopolitan moral dialogue about the need to protect the fruits of authorial labor and inventive genius...knowing all the while that
one's domestic intellectual property system was a handy protectionist weapon." . п‚· Information Feudalism: Who Owns the Knowledge Economy?.
London: Earthscan. 2002. p. 36. 9. Employment–based immigration restrictions, such as labor certification requirements or numerical caps on work
visas. 10. Political campaigns advocating domestic consumption (e.g. the "Buy American" campaign in the United States, which could be seen as an
extra–legal promotion of protectionism.) 11. Preferential governmental spending, such as the Buy American Act, federal legislation which called upon
the United States government to prefer U.S.–made products in its purchases.
In the modern trade arena many other initiatives besides tariffs have been called protectionist. For example, some commentators see developed

Molecular Pathology Vs. Myraid Genetics Case
Intellectual Property Intellectual property is described as a person's ideas, inventions, or works that become their property. The owner of this property
then has rights to the property. These rights protect the products of human intelligence and creativity. These rights have been categorized into three
subjects: patents, trademarks, and copyrights. Each of these three categories have their own set of laws and policies. Each policy is set into place for
specific reasons to protect the owner's and their intellectual property from being subjected to intellectual property theft. IP theft is a growing industry of
thieves that is becoming a much easier task since the invention of the internet.
A right given for an invention that provides a new ... Show more content on Helpwriting.net ...
It not only robs someone of their inventions, it robs them of their ideas and creative expressions. With the expanding growth of technology and network
sharing IP theft has become so much easier. With the help of Homeland Security Investigations, U.S. Immigrations and Customs Enforcement, and the
National Intellectual Property Rights Coordination Center work together in response to global intellectual property theft. The following describes the
multi–layered approach the IPR center uses to prevent identity theft.
"IPR Center partners employ a strategic approach to combat IP Theft. That approach includes:
Investigation – Identifying, disrupting, prosecuting, and dismantling criminal organizations involved in the manufacture and distribution of counterfeit
products.
Interdiction – Using focused targeting and inspections to keep counterfeit and pirated goods out of U.S. supply chains, markets and streets.
Outreach and Training – Providing training for domestic and international law enforcement to build stronger enforcement capabilities

Angola Regulatory System and Infrastructure
Regulatory
Angola's ordinary corporate tax is 35 percent, with a reduced rate of 20 percent for agricultural and forestry enterprises. The government offers a variety
of corporate tax exemptions, reductions, and exemptions from real estate taxes on land and buildings as investment incentives. Income tax for
individual's ranges from 1–40 percent for employees, and 3–60 percent for self employed professionals. Inheritance and gift taxes are also added along
with a payroll tax for social security. The main indirect tax is manufacture's sales tax with rates ranging from 5 percent to 50 percent on listed product
(nationalencyclopedia.com).
Taxation:
Companies carrying out industrial and commercial activities in Angola are ... Show more content on Helpwriting.net ...
Tariff: Import tariffs are based on the cost, insurance, and freight value of goods at the point of entry. Here is a look at Angola's tariffs for textiles,
apparel, footwear, and travel goods.
Tariff Rate Range (%)
|–silk |2 |
|–wool |2 |
|–cotton |2 |
|–other vegetable fiber |2 |
|–man–made fiber |2 |
|–silk |5 |
|–wool |5 |
|–cotton |5 |
|–other vegetable fiber |5 |
|–man–made fiber |5 |

Pros And Cons Of Compulsory License
COMPULSORY LICENSING
(Remedy for abuse of IPR)
A "Compulsory license" is when a government allows someone else to produce the patented product or process without the consent of the patent owner.
It became a typical feature worldwide. In 1990s many countries started granting compulsory licenses according to national laws, which were in
consonance with International principles. In certain products such as food, medicine compulsory license were specifically provided by countries such as
United States due non–working of the product and also in national interests. Various International conventions and agreements that have recognized
compulsory licenses over the years have been explained below.
Paris Convention, 1883
Paris convention in year of 1883 first time established right ... Show more content on Helpwriting.net ...
1.Member states may (but are not obliged to) provide for the grant of compulsory licenses to prevent abuses of the exclusive rights conferred by the
patent, for example for failure to work.
2.Forfeiture of the patent will not be provided for except where the grant of compulsory licenses is not sufficient to prevent abuses. Forfeiture or
revocation of a patent will not be instituted before the expiration of three years from the grant of the first compulsory license.
3.A compulsory license may not be applied for on the ground of failure to work or insufficient working before the expiration of four years from the
date of application for the patent, or three years from the date of the grant of the patent whichever period expires last. It shall be refused if the patentee
justifies his/her inaction by "legitimate reasons".
4.A compulsory license shall be non–exclusive and shall not be transferable even in the form of the grant of a sub–license except with that part of the
enterprise or goodwill, which exploits such license.
The Berne Convention for the Protection of Literary and Artistic Works,

Alexander Graham Bell Essay
Alexander Graham Bell Works Cited Missing The importance of Alexander Graham Bell on today's society is visible, or rather audible, every day
and everywhere. First and foremost, Alexander Graham Bell was a prolific teacher of the deaf. This is what he considered to be his true life's work,
but only one of the many important things he did. Through his research of speech and sound, and his creative mind, he would become one of the most
influential inventors in modern history. His own definition of an inventor, "A man who looks upon the world and is not contented with things as they
are. He wants to improve whatever he sees, he wants to benefit the world." suits him well. Every thing that he did had an impact on someone.... Show
Early in 1874 Bell met Thomas A. Watson, a young machinist at a Boston electrical shop. Watson became Bell's indispensable assistant, bringing to
Bell's experiments the crucial ingredient that had been lacking, his technical expertise in electrical engineering. Together the two men spent endless
hours experimenting (Paschoff 43,44). Although Bell formed the basic concept of the telephone using a varying but unbroken electric current to
transmit the varying sound waves of human speech, in the summer of 1874, Hubbard insisted that the young inventor focus his efforts on the harmonic
telegraph instead. Bell wanted to continue his work on the telephone but he complied. When he patented one of his telegraph designs in February
1875, he found that Elisha Gray had patented a multiple telegraph two days earlier. Greatly discouraged, Bell consulted in Washington with the elderly
Joseph Henry, who urged Bell to pursue his "germ of a great invention" speech transmission (Grosvenor and Wesson 55). Back in Boston, Bell and
Watson continued to work on the harmonic telegraph, but still with the telephone in mind. By accident on a June day in 1875, an intermittent
transmitter produced a steady current and transmitted sound, when Watson tightened or loosened a particular screw it produced a sound that would
vary in pitch. Bell had proof of his 1874 idea; he quickly

History Of Americ A Progressive Era
History of America (1865 to 1914)
The history of the United States from 1865 to 1914 consisted of development, reconstruction, the gilded age and was really a progressive era. During
this period there was a significant rise in industrialization which resulted huge flow of immigration in America. This period brought rapid growth and
immense fortune in North and West and U.S. become the world's leading industrial, economic and agriculture power. The average income e of
nonfarm worker raised by 75% during the period 1865 to 1900 and thereafter a further grew of 33% by 1918 (Franklin). After the decisive victory in
Civil War, theUnited States became more commanding and united with a vibrant national government.
Reconstruction brought the end of slavery and on January 1, 1863 Proclamation was issued by Abraham Lincoln to free all slaves in confederate
states. History of this period will not be completed without quoting Abraham Lincoln 's 1863 (19th Nov), speech of Gettysburg, Pennsylvania is the
speech that every American will never forget (Richard William Leopold), The most significant purpose of his speech was his declaration that all men
are born free and must be treated free. However the new–found political power was rolled back within ten year and they were treated as second–class
citizens under a "Jim Crow' system of extremely inescapable separation that would stand for the almost one century. Politics during this period was
dominated by Republican, except twice

Who Did NOT Discriminate Against Foreign Patentees?
Mueller states a working requirement bears the expectation of forcing a patentee to manufacture domestically, thereby eventually increase capital
investment and job creation. She argues that this requirement is only facially equally applied, but de facto discriminates against foreign patentees.
Therefore, according to this view, the "requirement" violates article 27.1 of the TRIPS Agreement and the legislation is aimed to protect and create
incentives for indigenous industry. This argument follows the conclusion of discriminatory treatment between foreigners and domestic industry.
Regarding this point of view, the IPAB ruled that the Controller did not discriminate against a foreign patentee in its Bayer v. Natco opinion, because the
patent was granted. This thesis argues the IPAB correctly held discrimination not able to be found, because patent rights indeed... Show more content
on Helpwriting.net ...
Paragraph 5 of the Preamble of the TRIPS Agreement provides that "the underlying public policy objectives of national systems for the protection of
intellectual property, including developmental and technological objectives" Accordingly, the Preamble is not an operative provision. Therefore,
Professor Grosse Ruse–khan suggests that the position of the Preamble "merely opens a door" for other national interest to be taken into consideration,
nonetheless the interest would not necessarily prevail. He contends that non–economic interest would be only considered as an "exception" to the right.
Through the use of the flexibilities embedded in TRIPS, Professor Gervais contends the Preamble recognizes developing countries' need to realize their
developmental objects, such as innovation policy. However, he also stresses that the flexibility should be used in a manner that "[creates] a sound and
viable technological

Why A Property Should Be Protected Or Not : Originality...
In China, there are two criteria in determining whether a property should be protected or not: originality and reproducibility. We must first
understand the different nature of Chinese characters. Different calligraphers used different techniques and styles to produce great works of art in
many different literary or artistic forms. Because of the more intricate nature of characters and the more number of strokes than in any other
character system, Chinese character fonts are very unique for its complex structures. Advanced complexity left more space for artistic creations and
variations, which is one of the beauties of the character system, to ancient calligraphers and also requires much "independent and original effort" for
typographers that create new Chinese typeface. It is quite obvious that forgery was a tremendous problem in the past and is still is, and many
calligraphers and collectors of calligraphy pieces tried to find ways to figure out original pieces and to find methods to show that they really created a
piece (QiaoSharon). Common ways to detecting forgeries are: tracing, copying, imitating, hacking, altering, and fabricating (The Palace Museum). I
believe that this is analogous to how typeface creators or those who have the right to certain typeface want their typeface to be protected under the
Chinese judicial system because of the originality and reproducibility nature of the art. In an era of an overflow of information and easy access to
technology, it is

The United Arab Emirates
The United Arab Emirates is currently adjusting to the balance of modernization and tradition. The United States of America has an important
participation in this endeavor.Different beliefs, opinions, and views from people inside and outside the United Arab Emiratesabound regarding the
matter involving free speech, media, and trademark laws in the country. The foundation and goal that was set by the UAE government in creating these
laws resulted in the similarities and differences of the perspectives of the society. The events in UAE have considerable effect in the American economy
due to the economic ties between the two countries.
Words, signs, figures, pictures, or any other mark utilized in identifying a service or product is called a trademark (UAE Media Law, n.d.). In the
UAE, some trademarks that may not be registered are like the flags, geographical names, and public emblems. The registration period of trademarks
is ten years, and can be applied for renewal for another ten years. The significance and advantages of trademark protection in promoting a prosperous
local economy were acknowledged by Sheikh Zayed bin Sultan Al Nahyan(UAE Media Law, n.d.). Registered trademarks in the UAE are protected by
the law, which had an amendment through Law No. 19 of 2000 and Law No.8 of 2002. Trademark protection preserves the interests of both consumers
and businesses in the UAE. The description of trademarks, procedures for trademark registration and cancellation, signs that are

The Purpose Of Copyright Laws
The purpose of copyright laws in modern society, as confirmed by Darrell Panethiere (2005) is to protect the creative rights of "authors, performers,
publishers, broadcasters, and many others whose livelihoods depend upon the recognition of rights" (p. 1, par. 1) for their intellectual properties. In the
contemporary business world, most companies that sell products of some kind depend on other firms for the design, production, and distribution of the
product to make it available for selling. Such sales are often either wholesale to retailers or retail to consumers. Violations of the copyrights of
intellectual property (IP), destroys the chain of commerce reflected in these different industries; which also includes the loss of employment to workers
in each industry. In short, copyright laws protect the motivation of creativity, the investment of commerce, plus the employment of a labor–force.
WHY COPYRIGHT LAWS?
As recognized by the World Intellectual Property Organization (WIPO, n.d.), in the "Protection of Industrial Property" (p. 4, par. 2) during the Paris
Convention of 1883 as well as in the "Protection of Literary and Artistic Works" (p. 4, par. 2) during the Berne Convention of 1886, both acknowledges
the valuation developed and emerging societies attribute to intellectual properties. Therefore, the protection of these values is justified with laws.
Intellectual property is identified as mental conceptions in fixed form which are perceptible by human

The Use of Compulsory Licensing as a Policy to Combat the...
This paper examines the use of compulsory licensing as a policy to combat the monopoly problem associated with the patent system. It introduces the
notion of an optimal patent–one where the patent life and the licensing royalty rate are both determined optimally. Under certain simplifying
assumptions it is shown that the optimal patent will have an indefinite life, for both process and product innovations. Some preliminary calculations
suggest that the use of compulsory licensing may lead to substantial welfare improvements, even if the patent life is left unchanged at 17 years.
India has put in place a patent regime that allows the grant of patents for both products and processes for all eligible inventions. The changes made in
1999, 2002 and 2005 have been ostensibly to comply with its WTO ob–ligations on intellectual property. How–ever, an analysis of the changes
suggests that there were some in Indian industry and government who believed that stronger patent protection, even beyond what is required under
India's international obligations, will attract local R&D as well as foreign direct investment.
It is universally recognized in patent laws that an invention must meet the triple criteria of novelty, inventive step (or be non–obvious) and industrial
applicability (or utility) in order to be granted a patent.
NEED FOR PATENT:
In the 2005 amendment, in the case where patent applications were filed in the 'mailbox' between 1995 and 2005, and these were commercially

As A Result, The Change Of Global Business Environment
As a result, the change of global business environment substantially "reshaped" the interpretation of the legal argument. With the increase of protection
requested by the industrialized countries, Bierylo explains the reason is that "weaker IPRs may result in additional competition within the global
market from imitation." In order to satisfy the "reasonable requirements of the public", criteria (d) and (e) of section 84(7) of the IPA. Section 84(7)(d)
provides that the patent should be "worked in the territory of India on a commercial scale to an adequate extent or is not being so worked to the fullest
extent that is reasonably practicable." Likewise, section 84(7)(e) renders the unenforceability "if the working of the ... Show more content on
Helpwriting.net ...
Natco opinion, because the patent was granted. This thesis argues the IPAB correctly held discrimination not able to be found, because patent rights
indeed "available" to the patentee. The non–discrimination obligation in article 27.1 of the TRIPS Agreement entails Members of the WTO to make
patent rights "available" to applicants. The IPA article sets out the obligation of granting countries: To satisfy the national treatment principle ensured
in the Paris Convention and the GATT system, the "availability" of article 27.1 should be interpreted as Members are required to "grant" patents
regardless of the product or process ' field of technology, place of manufacture, or the applicant 's nationality. Particularly, article 2 of the Paris
Convention specifies the foreign applicants enjoys the patent right be granted to her in all countries of the Union. Furthermore, article 2 of the Paris
Convention is incorporated by article 2.1 of the TRIPS Agreement. The non–discrimination obligation in article 27.1 of the TRIPS Agreement is to
ensure the national treatment incorporated from the Paris Convention to be fully implemented. Crucially, granting compulsory licenses is a post–grant
procedure. Without an application of compulsory licenses under section 84(1) of the IPA, the patentee would enjoy her patent right without prejudice
or discrimination. The issue regarding

The Beginnings Of Intellectual Property Rights
Beginnings of Intellectual Property Rights Intellectual property rights will remain a part of international trade agreements in the future, but the global
activity will likely be characterized by varying standards and improved enforcement, reflecting evolution in social, cultural and political attitudes, and a
deeper understanding of the relationships among innovation, creation and the more efficient distribution of intellectual property. Increased cooperation
might occur at the governance level. Many of the fast and unprecedented changes in intellectual property law and policy over the past two decades are
due to their intersection with international trade and the numerous international trade agreements negotiated and brought into force ... Show more
Underlying this activity are changes to intellectual property rights laws and policies. The following are the major enforcement inadequacies in the
protection of intellectual property rights: No preliminary or final injunctive relief, lack of seizure and impoundment relief, lack of exclusion of
infringing imports, lack of compulsory court process and/or discovery, inadequate civil remedies, usually in monetary dam ages, limits on recoveries
preclude deterrent effects, fine or other criminal penalties inadequate, unreasonably slow enforcement process during which illegal activity continues,
enforcement officials systematically discriminate against foreigners, training and resources for enforcement inadequate, court decisions biased or
political, and corruption. The efforts to protect intellectual property rights suffer from three major problems: institutional issues, philosophical issues,
and handling of new technologies. The institutional issues refer to the shortcomings of existing regimes and their enforcement. To begin with, the
signatories to specific agreements are limited. Thus, countries that are not a part of the agreement do not have to subscribe to its provisions. Further,
the agreements lack enforcement powers. In addition, the agreements per se are limited

Intellectual Property Rights And Competition Law
AIM
Critical analysis on when the use of intellectual property rights turns into abuse of intellectual property rights and further analysis on the trend of
European competition authorities towards Intellectual property rights with specific reference to what is reiterated in the Magill cases.
Introduction
Intellectual property rights and competition law both seem to intervene at different junctures; however they work for attainment of one common goal
that is consumer welfare. The reasons for this contravention in most cases is that the reward given to creators and innovators is the right to use and
exclude others whereas when these rights are abused , competition law comes into the scene. So there has always been a tiff between the both, ... Show
This essay firstly for a better understanding deal with what is intellectual property and what constitutes intellectual property rights and then briefly
deals with the competition policy and European Union competition law and then analyse the conflict between intellectual property and competition law
and what are the common goals which both seeks to achieve and later deals with interface of both within the legislation and then we will critically
analyse the concept of abuse of intellectual property rights as this is main conflict which revolves between both and further analyse this concept in
depth with the help of case study on the Magill cases and the trend followed by the courts after that.
1. Intellectual Property
For much of human history the concept of intellectual property did not exist however due to the wide spread progress and extension of international
trade need for protection of intellectual property is felt and this led to the " Paris Convention for protection of industrial property" followed by Berne
Convention and which led to the establishment of World Intellectual Property Organisation.
Intellectual property in common parlance means property other than physical property which is a result of human intellect.
1.1 Intellectual Property Rights
Are those which guarantee and grants certain rights to the creator of the intellectual property for a certain period of time. Intellectual property rights
can be classified into copyrights and related rights,

Software Patent Law Essay
Software Patent Law
A patent can be defined as "a legal document granted by the government giving an inventor the exclusive right to make, use, and sell an invention for a
specified number of years." 1 These special rights are given to the inventor as a means of incentive to further advance technology. The origins of patents
are unknown, though the distinction of the longest continuous patent system belongs to Great Britain. The British patent system originated in the 15th
century, when the Crown first started dealing with the granting of privileges to manufacturers and traders. The earliest known British patent was issued
in 1449 for a method of making stained glass.2
Since those medieval beginnings, patent law has grown and ... Show more content on Helpwriting.net ...
How do U.S. and European policies affect the global perspective on patenting software?
In the sections that follow, the policies of the U.S. and Europe will be analyzed to see how these ethical questions may be answered.
Background Information: Governing Bodies
Up until recent times, the organization of the global patent system has simply been that each country has their own patent laws and offices. These
offices deal with their own domestic patent filings, as well as those of foreigners seeking protection against infringement in that particular country.
Manufacturers have come to embrace the idea of distributing their goods to the world market; so as globalization grows, so does the need for
international patents.
In 1973, thirteen European countries signed the European Patent Convention (EPC), with the objective of developing a uniform patent system (the
European Patent Organisation) in order to make patent protection in Europe easier and less costly. Four years later, the European Patent Office (EPO)
was founded as the executive branch of the Organisation. The EPO currently has twenty–seven member countries, and is still expecting more to join.
Though the EPO does include all fifteen members of the European Union (EU), it is important to note that the EPO is not governed by the EU.3 Each
country still maintains its own patent office and applies its own laws. However, since the goal of the EPO is to harmonize

The Telecommunication Industry: The Sucess of TV Azteca
The markets located in these sectors that experienced high degree of market concentration are telecommunications, electric industry, television
broadcasting, petroleum, beer industry, cement industry, and tortillas industry. About one or more of these iindustries in both the private and public
sector has enough market power to restrict competition.
In the telecommunications market, Mexico grants almost fifty percent of the FDI for companies to provide fixed networks and services. As for the US,
Congress introduced a bill that grants foreign investors access to the telecommunications market. However, the bill was held back a lot due to demands
for a "reciprocity clause". This reciprocity clause allows the Mexican telecommunications market to open up for to other countries that are trade partners
with Mexico.
In the telecommunications industry, there were concerns about Televisa and TV Azteca, where they were suspected of gaining complete control over
Mexico's judiciary system as well as the legislative and regulatory systems. This gave them better advantage in the telecommunications market through
using these systems to restrict competition. By August 2007, the Mexican Supreme Court ruled to eliminate the Radio and Television Law that was
enacted during April 2006 to limit competition. The Court also ruled that the broadcasting companies cannot use the analog spectrum outside of the
digitalization process for free. Later on, the Supreme Court made demands for a new law that

Intellectual Property, By The Way
There are many topics that interest a person, but, the topic I'm most interested in is entitled intellectual property, by the way, one thing one has to
know is US is based on freedom of ownership of property, and also in America, real estate, personally property and intellectual property right has value
of business in America and benefits for individuals. The importance of intellectual property was outlined in a Paris convention for the protection of
industrial property in 1789, and also in the Berne Convention for the Protection of Literary and Artistic Works (1886). Both treaties are administered by
the World Intellectual Property Organization, this was an organization that look to protect industrial company of their property and benefits.
Intellectual property can be related to items of information or knowledge, which is incorporated in tangible objects at the same time in an uncountable
number of copies at different locations anywhere in the world. The property is not found in those Understanding Industrial Property copies but in the
information or knowledge that explains them. Intellectual property rights are also set up by certain limitations, such as limited duration in the many
case of copyright and patents. I believe intellectual property show's one how to go about thing to protect things that are yours or made by you, and it
take a lot of understanding mostly law to protect ones item. Intellectual property is a term that is used to describe properties through

Climate Change Has Changed The Way We Understand Economic...
Concerns about the relation between economic growth and development, and environmental issues have been emerging, including the discussion
whether fundamental changes in society is required to realize long–term environmental sustainability. Several measures have been introduced in order
to address climate change; on the other hand, the extent to which climate change has changed the way we understand economic growth and
development is controversial. This essay will argue that climate change has changed the way we understand economic growth and development to a
limiting extent with the following underpinnings; powerful economic institutions such as the World Bank and the International Monetary Fund have not
taken environmental issues into ... Show more content on Helpwriting.net ...
For instance, when the United States imposed a ban on tuna imports from Mexico in 1991 due to their findings that Mexicans were using nets which
often threatened dolphins, the GATT considered the ban as a violation (French, 2003:467). Despite the fact that the GATT and the WTO ostensibly
supports the rights of countries to protect the environment, this case showed that the rule only applies to activities within their the borders (French,
2003:467). Considering that environmental problems transcend national borders and cannot be resolved by national governments individually, the
GATT rule imposes a significant restriction on protection of the environment. Moreover, there is a clear inconsistency between climate change
discourse and the WTO's provisions. In 1992, The Rio Declaration on Environment and Development declared that "where there are threats of serious
or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost–effective measures to prevent environmental
degradation" (French, 2003:470). On the other hand, the WTO's provisions "require that health and safety laws be based on scientific principles and not
be maintained with insufficient scientific evidence" (French, 2003:470). The EU law

France Country Report
France – Country Report Table of Contents Executive Summary3 Geographical Setting4 Statistics5 Economical Climate & Statistics5 Historical
/Political Factors9 Cultural Factors9 Legal System11 Trade Related Issues12 Barriers/Opportunities to Business15 Recommendations17 References18
Executive Summary This report focuses on France as a nation for business investment. It begins with a broad overview of France's geographical
setting. Next, it discusses the country's economic climate and high level economic statistics and compares it to those of Spain and Germany.
Afterwards, the report covers more specific information like historical/political factors, cultural factors, legal environment as well as... Show more
Total trade for 2009 amounted to $1,033 billion, 61% of which was with EU–27 countries. The nation's government economic policy is to promote
investment and domestic growth in a stable fiscal and monetary environment. Its top priority is to create jobs and reduce the high unemployment rate.
The unemployment rate in metropolitan France increased to 9.5% in the first quarter of 2010, up from 9.2% in the third quarter of 2009. The
government's fiscal and monetary environment definitely is in goodwill of any business to be set up. The government continues to control a large
share of economic activity: Government spending, at 55.6% of GDP in 2009, is among the highest in the G–7. The government continues to own
shares in corporations in a range of sectors, including banking, energy production and distribution, automobiles, transportation, and
telecommunications. France has been very successful in developing dynamic telecommunications, aerospace, and weapons sectors. * The following
table show France's GDP statistics over the recent years: Year| 2000| 2005| 2006| 2007| 2008| GDP (BillionUSD)| 1 534.85| 1 869.38| 1 953.37| 2
071.78| 2 121.72| GDP per capita (current prices and PPPs)| 25 275.59| 29 692.49| 29 692.49| 32 494.62| 33 089.79| Real GDP Growth (Annual growth
in %)| 3.91| 1.90| 2.22| 2.3| 0.43| Figure [ 3 ]. Source: OECD Stat Extracts,

Trademarks Protection Under Trademarks Act with Passing Off
INTRODUCTION A. History of Trademarks: Trademarks commonly referred to as 'identifying marks' or 'distinctive marks'[1] have been
recognised in some form or the other since times immemorial. They were one of the foremost forms of intellectual property protection witnessed by
the world and have undergone a steady evolution since then. The first legislation on trademarks can be traced to England where the Bakers Marking
Law, 1266 was enacted, which governed the use of stamps or pinpricks on loaves of bread. The first case of trademark infringement, Southern v How
was heard as far back as 1618. The common law of trademark arose originally to prevent manufacturers from trying to pass off their goods as someone
else's. Since... Show more content on Helpwriting.net ...
The selected mark should be capable of being represented graphically (that

Advantages And Disadvantages Of Nuclear Safety In Malaysia
1. Health and safety The Malaysian government has not seriously taken under consideration the health and safety aspects of nuclear energy. Murphy's
Law dictates that there's no such issue as nuclear safety or a fail–safe nuclear reactor. Human error and unpredictable events area unit inescapable,
creating setup safety unsure. The recent harmful nuclear accident in Fukushima has brought Japan to itsknees and persuaded several countries, as well
as Deutschland and European nation, to end atomic powerand invest in renewable energy. Even while not such accidents, a atomic power plant is
dangerous to health. A scientific study,published within the European Journal of Cancer Care in 2008, disclosed that leukemia death rates in yank
kids living close to atomic power plants within the us have up sharply in the past twenty years. the best will increase in mortality rates occurred close
to the oldest NPPs. Whereas,... Show more content on Helpwriting.net ...
Limitations on liability for harmful accidents NPPs area unit for the most part supported by governments and closely–held by government and/or
personal investors. In the event of a nuclear catastrophe, the govt. concerned would rule on compensation. In the us, the Price–Anderson Act limits the
liability of a nuclear plant operator for any accident within the US. If damages exceed what plant house owners will pay, the US Government can
foot the bill. it's calculable that verity value of liability in an exceedingly nuclear accident would quantity to $600 billion, of that the atomic power
company would pay solely two, whereas the US Government would meet the remainder. during this means, the monetary risks of NPPs area unit
borne for the most part by taxpayers. The Malaysian nuclear energy Licensing Act 1984 will offer for a liability regime within the event of a nuclear
catastrophe. However, the govt. is presently reviewing the complete Act. How in depth and every one encompassing the new Act and also the rules
would be, stay to be seen. 5. Insurance

SA IBL TB8e Ch17
CHAPTER 17–LICENSING AGREEMENTS AND THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
TRUE/FALSE
1.The hearing for the Walt Disney v. Beijing Publishing Press was held in the United States.
ANS:FPTS:1
2.It is fairly common for IPR licensors to put geographic and field–of–use limitations on licensees.
ANS:TPTS:1
3.Licensees of IPRs are generally eager to operate under specific marketing quotas requested by the licensor.
ANS:FPTS:1
4.Licensors of IPRs are generally wary of offering licensees exclusive rights in a certain geographic area.
ANS:TPTS:1
5.Under TRIPS, until a pharmaceutical patent is actually granted, a country has no obligation to protect potential prospective rights (during the
pendency of the ... Show more content on Helpwriting.net ...
ANS:TPTS:1
26.Most nations grant patent priority to the individual who can prove (s)he was the first to invent.
ANS:TPTS:1

27.Both the Berne Convention and the Paris Convention require signatory countries to enact certain minimum substantive laws.
ANS:FPTS:1
28.Computer programs are protected as copyrightable literary works under the Berne Convention.
ANS:TPTS:1
29.Since 1996, the European Union's Trademark Regulation has allowed a single trademark registration enforceable in all members of the European
Union.
ANS:TPTS:1
30.Under TRIPS, a nation may decide to exclude pharmaceutical patents if it determines they are immoral.
ANS:TPTS:1
31.Under U.S. copyright law, an author's moral rights are not protected.
ANS:FPTS:1
MULTIPLE CHOICE
1.A. Bourjois & Co. v. Katzel involved the question of whether Katzel:
a.
Was liable to Bourjois for breach of contract.
b.
Was liable to the French subsidiary of Bourjois for trademark infringement and counterfeiting.
c.
Was entitled to punitive damages for willful trademark infringement.
d.
Was liable to Bourjois for trademark infringement.
ANS:DPTS:1

2.A single multinational application process is available for protecting intellectual property in:
a.
In the U.S., Canada, and Mexico.
b.
In the Eastern European countries.
c.
In countries that are member of the Asian Patent Protection Treaty.
d.
In the European Union.
e.
All of the above.
ANS:

The Pros And Cons Of The Madrid Agreement
bers of the Madrid Agreement. Secondly, besides the Paris Convention and Madrid System, there is also a Trademark Law Treaty (TLT) that has been
adopted in Geneva on October 27, 1994, that was meant to advice contracting States not to burden the trade mark applicants or proprietors with
requirements over and above those laid down in the Treaty. The requirements can be in the form of administrative requirements of the national offices
of contracting parties by establishing standards for registration, changes after registration and the renewal of trademarks, in an attempt to simplify and
harmonize procedures. In fact, the TLT had specified that other than cases of surrender of registrations, matters like confirmation,... Show more content
on Helpwriting.net ...
Unfortunately, there are huge disparities of the national laws on trade marks of the Member States which resulted in an adverse impact on the internal
market. Therefore, "the creation on a unitary trade mark system in the Community was a logical development in the creation of a Common Market".
One of the earliest legislative in EU is The First Council Directive 89/104/EEC (hereinafter Harmonisation Directive). The main objective if this
legislation was to minimise the differences between the national trade mark systems. These differences present barriers to trade and affect free
movement of goods and services, thereby hindering the development of a single market. The Harmonisation Directive does not disturb the policies on
procedure and is restricted to guidelines on substance. Even though the Harmonisation Directive which covers a wide range of issues and is hailed by
the harmonization enthusiasts, the part such as the national trade mark office's ex officio managing of grounds for refusal are still absent and not
settled by the Directive. Therefore, in terms of single market requirements, the directive's target of harmonization could still not be described as being
totally in conformity with the single market

Intellectual Property Rights : An Analytical Study Essay
INTELLECTUAL PROPERTY RIGHTS– AN ANALYTICAL STUDY IN THE INDIAN CONTEXT
Abstract
Intellectual property rights are the rights given to persons over the creations of their minds. These rights make the creator/ inventor as the owner of the
product/work. IP protection is intended to stimulate the creativity of the human mind for the benefit of all by ensuring that the advantages derived from
exploiting a creation benefit the creator. This will encourage creative activity and allow investors in research and development a fair return on their
investment. The World Trade Organization (WTO) Agreement on Trade
–Related Aspects of Intellectual Property Rights (TRIPS Agreement) which
came into force in 1995, brought with it a new era in the multilateral protection and enforcement of IP rights. It lays down minimum standards for
protection and enforcement of intellectual property rights in member countries which are required to promote effective and adequate protection of
intellectual property rights with a view to reducing distortions and impediments to international trade. As per the agreement, all member countries
including India are to abide by the mutually negotiated norms and standards within the stipulated timeframe. Accordingly, India has set up an
Intellectual Property Right (IPR) regime and is well established at all levels whether statutory, administrative or judicial. In this context this paper
focussed on the conceptual analysis of Intellectual Property Rights in the

The Origin, Development and Significance of Human Rights
HUMAN RIGHTS INTRODUCTION Human Rights are rights that belong to an individual or group of individuals as a consequence of being human.
They refer to a wide continuum of values or capabilities thought to enhance human agency and declared to be universal in character, in some sense
equally claimed for all human beings. It is a common observation that human beings everywhere demand the realization of diverse values or
capabilities to ensure their individual and collective well–being. It also is a common observation that this demand is often painfully frustrated by social
as well as natural forces, resulting in exploitation, oppression, persecution, and other forms of deprivation. Deeply rooted in these twin observations are
the beginnings... Show more content on Helpwriting.net ...
The intellectual––and especially the scientific––achievements of the 17th century (including the materialism of Hobbes, the rationalism of Descartes
and Leibniz, the pantheism of Spinoza, and the empiricism of Bacon and Locke) encouraged a belief in natural law and universal order; and during the
18th century, the so–called Age of Enlightenment, a growing confidence in human reason and in the perfectibility of human affairs led to the more
comprehensive expression of this belief. Particularly important were the writings of John Locke, arguably the most important natural–law theorist of
modern times, and the works of the 18th–century philosophies centred mainly in Paris, including Montesquieu, Voltaire, and Jean–Jacques Rousseau.
Locke argued in detail, mainly in writings associated with the English Revolution of 1688 (the "Glorious Revolution"), that certain rights self–evidently
pertain to individuals as human beings (because these rights existed in "the state of nature" before humankind entered civil society); that chief among
them are the rights to life, liberty (freedom from arbitrary rule), and property; that, upon entering civil society, humankind surrendered to the
state––pursuant to a "social contract"––only the right to enforce

An Introduction to the Law and Economics of Intellectual...
American Economic Association
An Introduction to the Law and Economics of Intellectual Property Author(s): Stanley M. Besen and Leo J. Raskind Reviewed work(s): Source: The
Journal of Economic Perspectives, Vol. 5, No. 1 (Winter, 1991), pp. 3
–27 Published by: American Economic Association Stable URL: http:/
/www.jstor.org/stable/1942699 . Accessed: 24/11/2011 08:39
Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies
/terms.jsp JSTOR is a not–for–profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a
trusted digital archive. We use information technology and tools to increase ... Show more content on Helpwriting.net ...
It is intended both to provide thumbnail descriptions of the various intellectual property regimes to economists working in this area and to indicate
where additional economic research might be useful. The other papers in this symposium provide important examples of ongoing research on the
economics of intellectual property. Suzanne Scotchmer analyzes the complex effects ofpatent protection when innovation is cumulative. Rather than
analyzing situations in which several firms vie to develop the same innovation–the approach of the "patent race" literature–her analysis examines
circumstances in which only one firm can develop an initial innovation but others can also build upon it. She focuses on how the incentive to develop
both the initial and subsequent inventions may be affected by the scope of patent protection. Janusz Ordover considers ways of adjusting the patent
system that may help to both provide returns to the inventor, and encourage the diffusion of the innovation in the economy. His paper is part of a line
of work that explores the place of the intellectual property system among the large number of institutions that affect the amount and nature of research
and development that takes place. In the final paper, David

China and Intellectual Property Rights
China and intellectual property rights In the global business arena the concept of intellectual property has drawn much more attention now than there
before, globally the protection of intellectual property is at a dynamic stage, the international cooperation on science and technology and the
development of economy and trade, the legal protection of intellectual property is playing a significant role in society. According to the World
Intellectual Property Organization (WIPO) intellectual property refers to the creations of human minds which include among others, inventions, literal
and other artistic works, symbols and names and designs used in commerce (WIPO, 2002). Intellectual, unlike other assets is intangible and owned by
the creators, legally it becomes an asset in the sense that it can be owned and dealt with. Copyrights, patents, trade marks are other terms used to
describe intellectual property. This can be categorized into two major areas namely industrial property which includes inventions (patents), trademarks,
industrial designs and geographical indications. Copyright is another category which comprises literary, artistic works and musical works. The rights
related to this category including those of artists in their performances, producers of phonograms in their recordings, radio and television broadcasters
in their programs aired on television or radio In China "intellectual property" is quite a distant and foreign idea in respect with the treatment it

Patent And Trade Secret Protection
When issuing a compulsory license, the effect is to exempt the user who produces the patented substance or uses technology from liability of
infringement. If a patentee applies for a patent for a newly discovered or an alienated substance, or a synergy of entities, she is not required to disclose
the "know–how" to the public. Therefore, she can retain the information undisclosed as trade secrets. Ordinarily, companies use patent and trade secret
protection together in a synergistic manner to enhance exclusivity as a common strategy. As a result, if the user of a compulsory license does not
comprehend the know–how, then the production of the final product would eventually come to naught. Under the situation of a ... Show more content on
Helpwriting.net ...
Nonetheless, arbitrariness is inevitable due to analytical difficulties faced by examiners and courts. Without setting up a utility model, examiners and
courts are plagued by hindsight bias in the U.S., let alone to say having a sub–requirement as such. Section 3(d) of the IPA is also designed to narrow
the scope of patent protection, notwithstanding it has a definite goal – preventing evergreening. Section 3(d) also utilizes an explanatory note to
delimitate special conditions of nowadays pharmaceutical practices. This thesis considers an explanatory note is a workable solution to comply with
the non–discrimination obligation under article 27.1 of the TRIPS.
2.The Capability of the Patent Office The Indian Patent Office (IPO) has full authority under law to determine what is patentable and what should be
excluded from patentability if the condition set in section 3(d) is met. Owing to no patents granted to pharmaceutical substances before the
amendments coming into effect, the Indian Patent Office received 8,926 mailbox applications prior to January 1, 2005. For the blank period of no
protection for nearly 35 years, the capability of the IPO examiners to review and evaluate efficacy data was in

International Copyright Essay
The idea that an author of a literary work has certain inalienable rights to his work has been an institution found on a national level in many countries
for centuries. These rights have taken on different forms depending on the legal tradition of the country where it is applied. In systems with a common
law tradition, based on utilitarian ideals, the rights were referred to as copyright. In systems that relied on a civil law tradition, based on philosophical
thought and the basic idea of a moral and natural order, the rights became to be known as author's rights and later expanded to neighboring rights.
Although these rights, and the laws that went along with them, developed in many countries around the same time in history ... Show more content on
Helpwriting.net ...
These laws were upheld unchanged until 1957 when a new copyright act was passed (Goldstein, 9). Author's right is normally thought to correspond
with natural rights, yet this wasn't the case until the late nineteenth century. This portion of the author's right tradition emerged from the idea that the
personality of the author of a literary work is linked to the work itself. A theory that can be traced back to Otto von Gierke and Kant (Goldstein, 9).
This lead to the separation of personal rights from economic rights in French law, where it was believed that an author's moral rights were more or less
absolute. As the laws around author's right were being constructed and worked out in many different civil courts, there was new technology being
developed that would challenge the very idea of authorship. These new technologies, such as photographs and motion pictures would give rise to the
controversy between what was the product of a mechanical creation and what was the work of an artistic author. These debates would continue and the
tradition of neighboring rights would emerge to provide protection for performances, sound recordings, and broadcasts. The main difference between
author's right and neighboring rights is that the latter doesn't consider the protected works literary or

Defining The Organization 's Strategic Direction Essay
Topic 6: Defining the Organization's strategic Direction Definitions: 1.Oligopolistic industries – highly consolidated industries with a few large
competitors 2.Exit barriers – costs or other commitments that make it difficult for firms to abandon an industry (large fixed–asset investments,
emotional commitment to the industry, etc.) 3.Entry barriers – conditions that make it difficult or expensive for new firms to enter an industry
(government regulations, start–up costs, etc.) 4.Switching costs – factors that make it difficult or expensive to change suppliers or buyers, such as
investments in specialized assets to work with a particular supplier or buyer. 5.Complements – products or services that enhance he usefulness or
desirability of other products. 6.Substitutes – products or services that are not considered as competitors, but fulfill a strategically equivalent role for the
customer. 7.Stake holder – any entity that has an interest (state) in the organization 8.Tacit Resources – resources of an intangible nature (such as
knowledge) that cannot ne readily confided. 9.Socially complex resources – resources or activities that emerge through the interaction of multiple
individuals. 10.Casual ambiguity – the relationship between a resource and the outcome it produces is poorly understood (the casual mechanism is
ambiguous) 11.Dynamic capabilities – A set of abilities that make a firm more agile and responsive to change.Key Points: 1.Assessing the

Harmonization Of International Patent Law
Today, business often crosses the boundaries and thus inventors are required to protect their inventions in the countries where they wish to operate.
Patent systems of different countries are different and this creates much problem. They are often very reluctant to do business in countries where
protection is very less or almost nil for their invention. Thus, neither inventor nor the countries enjoy the benefit of patent. If we examine rules of
different countries then many differences can be found but at the same time many similarities can also be traced out. However, by effort and
cooperation many of these differences can be minimized. Harmonization is considered as a tool for minimizing these differences of patent system of
different countries.
The term 'harmonization' can be defined in many ways. In its narrow sense, it can be defined as, "countries negotiating agreement to follow the same
substantive regulation". Hansson has given a broader definition of harmonization as "the coordination of economic policy actions and measures in
order to reduce international differences in such actions."
Harmonization of international patent law means creation of uniform patent laws around the world. It can be said that it means the patent rules which
are streamlined and made equal in all national and regional patent system. Thus, we can say that the term harmonization is a very broad concept and
includes every measure to bring patent system of different countries together so

Advantages And Disadvantages Of Compulsory License

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