Intellectual property \'with Chinese characteristics\': the global politics of China\'s development plans

Access to Genetic Resources and Benefit Sharing: Main Aspect of Some Legal Frameworks

Trade treaties and legal agreements generally left Indigenous peoples and colonized communities out of negotiations that directly impacted them. Using Critical Discourse Analysis, informed by decolonial thinking and Nishnaabeg epistemology, this research study analyzed the language of five public documents, published by the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO), surrounding the protection of Traditional Knowledge (TK) through the sui generis legal figure and its connection to the development of digitization TK. As TK is largely uncommodifiable, the ability to identify and protect TK through Intellectual Property Rights within the WIPO and the WTO is encumbered. The research analyzed and explored how language and knowledge shape policy and ideology against historically marginalized people and communities through discourse enacted by the WIPO and the WTO.

The article is devoted to issues of international legal principles in the field of implementation and protection of intellectual property objects in the aspect of influence on the processes of law enforcement and law-making in the field of criminal law of domestic legal systems. It is determined that the following are important for the criminal protection of intellectual property rights: the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), the Convention on Cybercrime, the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, the Hague Agreement Concerning the International Registration of Industrial Designs, the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration to them, and others. The relevance of this issue is due to the fact that, taking into account the processes of globalization of the world economy, as well as the process of integration of the legal systems of the countries of the world, the study of the international principles of criminal and legal protection of intellectual property is of great importance at the current stage of Ukraine’s development. The author determines that the concept of “intellectual property” should be understood as a type of property as a generic concept. Based on the analysis of the norms of international acts on the criminal protection of intellectual property rights, a number of problems have been identified that must be resolved in legislation, as well as legal science and practice. These problems include: 1) the problem of determining in which sections of the criminal codes the norms establishing criminal liability for infringement of intellectual property rights should be located. It is proposed to combine the norms establishing criminal liability for infringement of intellectual property rights into one section “Criminal offenses against intellectual property” in the Criminal Code of Ukraine; 2) the problem of determining which objects of intellectual property should be protected by the norms of criminal law. Key words: criminal liability, intellectual property, criminal legal protection, World Intellectual Property Organization, European Union.

Click to increase image sizeClick to decrease image size Notes 1. This article outlines material from a longer study of the World Intellectual Property Organisation prepared for the Global Institutions (Routledge) series, and I thank the series editors for permission to draw on that study for this Global Monitor. 2. All membership figures are drawn from the WIPO Treaties – Contracting Parties database. 3. This period of the history of intellectual property is covered at length in Christopher May & Susan Sell, Intellectual Property Rights: A Critical History (Lynne Rienner, 2005), ch. 5. 4. Ruth Gana, ‘Has Creativity Died in the Third World? Some Implications of the Internationalisation of Intellectual Property’, Denver Journal of International Law and Policy, Vol. 24, No. 1 (1995), p. 137. 5. Craig N. Murphy, International Organization and Industrial Change: Global Governance since 1850 (Polity Press, 1994), ch. 2 and passim. 6. As a result of the time constraints, none of the original members was able to ratify the Convention Establishing the World Intellectual Property Organization before 1970, but in that year 20 states completed the process. 7. Arpad Bogsch, The First Twenty-Five Years of the World Intellectual Property Organization from 1967 to 1992, WIPO Publication No. 881 (International Bureau of Intellectual Property, 1992), p. 28. 8. Ibid. 9. Agreement between the UN and the WIPO, available at http://www.wipo.int/treaties/en/agreement (accessed 19 December 2005). 10. World Intellectual Property Organization, Introduction to Intellectual Property Theory and Practice (Kluwer Law International, 1997), p. 30. 11. Ibid., p. 42. 12. Technical assistance and capacity building for intellectual property is explored at considerably more length in Christopher May, ‘Capacity Building and the (Re)production of Intellectual Property Rights’, Third World Quarterly, Vol. 25, No. 5 (2004), pp. 821–37. 13. Ibid. 14. Stephen Gill, Power and Resistance in the New World Order (Palgrave Macmillan, 2003), p. 132. 15. Ibid., p. 196. 16. Ibid., p. 177. 17. Much of this section draws on the work of William New at IP Watch and Sisule Musungu, both of whom have been keen observers of the political debates underlying the development of the Development Agenda. I am grateful to them both for their extensive reportage, little of which is explicitly cited here but has informed much that set out in this Global Monitor. 18. Brazil's previous major attempt in 1961 to raise these issues (at the UN) is discussed at length in Andréa Koury Menescal, ‘Changing WIPO's Ways? The 2004 Development Agenda in Historical Perspective’, Journal of World Intellectual Property, Vol. 8, No. 6 (2005), pp. 761–96. 19. Sisule F. Musungu, ‘The WIPO Assemblies 2004: A Review of the Outcomes’, South Bulletin, No. 89 (15 October 2004), pp. 1–5. 20. The Development Agenda was reproduced in the South Bulletin, No. 88 (30 September 2004), and all quotes are taken from this source. 21. Sisule F. Musungu, ‘A Review of the Outcomes of WIPO Discussions on the Development Agenda Proposal’, Bridges, Vol. 8, No. 9 (October 2004), pp. 21–2. 22. See the elaboration reproduced in South Bulletin, No. 101 (15 April 2005). 23. May & Sell, Intellectual Property Rights, ch. 7. 24. Space precludes a full discussion of all the various proposals, but an overview can be found in Sisule F. Musungu, Rethinking innovation, development and intellectual property in the UN: WIPO and beyond, TRIPS Issues Papers: 5, Quaker United Nations Office, 2005, section 3.2.1. 25. Sisule F. Musungu & Graham Dutfield, Multilateral agreements and a TRIPs-plus world: The World Intellectual Property Organisation, TRIPs Issue Papers: 3, Quaker United Nations Office, 2003, p. 19. 26. Ibid., pp. 19–20. 27. Musungu, ‘The WIPO Assemblies 2004’. 28. William New, ‘Industry Concerned About Development Agenda at WIPO’, Intellectual Property Watch, 4 November 2005, http://ip-watch.org/weblog/wp-trackback.php/125 (accessed 24 November 2005).

Vaccine apartheid: global cooperation and equity

This chapter explores the international politics of intellectual property protection within the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO). It looks at power dynamics and the distributive issues of winners and losers to argue that the current emphasis on strict and expansive intellectual property rules has been initiated by the industrialized countries and their industries and does not cater to the needs of non-dominant actors, particularly developing countries. After providing an overview of intellectual property rights, capacity building, and “informational development” in developing countries, the chapter turns to the global governance of intellectual property and the rise of internationalism in intellectual property governance. It also discusses the globalization of intellectual property’s governance and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement before concluding by outlining ways in which non-dominant actors can exploit the flexibilities provided by the relevant mechanisms to promote developmental and public interest objectives.

Three-dimensional (3D) printing is revolutionizing the realm of production by empowering consumers and small businesses to fabricate complex objects from digital designs. However, this technology blurs the boundaries between digital files and physical products, introducing novel challenges for intellectual property (IP) law. This article investigates how Iran and the European Union (EU) are responding to the intellectual property issues emerging from 3D printing, focusing on copyright, patent law, industrial designs, trademark rights, as well as enforcement mechanisms and liability regimes. In the EU, IP protection is governed by detailed directives and regulations—such as the Copyright Directive 2001/29/EC, the Community Design Regulation 6/2002, the Trademark Regulation 207/2009, and the Enforcement Directive 2004/48—and is committed to international treaties including TRIPS and the Berne Convention. In contrast, Iran’s IP framework is based on older legal statutes, notably the Law for the Protection of Authors, Composers, and Artists (1969) and the Law on Registration of Patents, Industrial Designs and Trademarks (2007), and is subject to limited international obligations. Iran is a member of the Paris Convention and the World Intellectual Property Organization (WIPO), but not of the Berne Convention, the WIPO Copyright Treaty, or TRIPS. Key differences emerge: for example, EU law generally does not consider the private and non-commercial reproduction of IP-protected objects as an infringement, whereas Iranian law explicitly excludes inventions “contrary to Islamic principles, public order, or morality” from patentability, and likewise restricts trademarks that violate Islamic norms. Drawing on case studies, academic analyses, and official sources (e.g., WIPO, European Commission), we identify the legal gaps in each system and propose reforms. Our comparative analysis underscores the need for legal updates and international cooperation to enable IP law to accommodate the paradigm of digital manufacturing in both jurisdictions.

Gene Patents at Home and Abroad: Should the WTO Take Action in Light of Myriad?

The Colour of Copyright

Public policy-making is an increasingly complex undertaking in a globalizing world, especially as policy domains for -merly viewed in isolation become more intertwined. This complexity marks the interplay between health, intellectual property and trade policies. Can such interplay be managed so as to enhance the discovery, development and delivery of medical technologies for better health services and outcomes? This question is at the heart of a joint study on promot-ing access to medical technologies and innovation recently launched by the World Health Organization (WHO), the World Intellectual Property Orga-nization (WIPO) and the World Trade Organization (WTO).

This overview complements our two previous reviews on the future of Arab universities and on quality assurance and relevance in academia published in this Springer book series. It encompasses the concepts of universities and their societal roles, and considers the definitions of innovation, creativity, and entrepreneurship. It argues that innovation and entrepreneurship can be taught in the right circumstances. The personal qualities needed to be an entrepreneur are described. An account is given of intellectual property (IP), especially patents and copyright works, together with its regulation in different jurisdictions, registration, defence, and exploitation. Governments have a pivotal role in facilitating start-up companies and the ease of conducting business. Also important is their interaction with international bodies such as the World Trade Organization and Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Organisation for Economic Co-operation and Development, World Intellectual Property Organization etc., and international indices such as the World Competitiveness Index. Governments can assist this crucial phase of university development, but should not interfere with universities, by a combination of adequate education and research funding together with setting up national technology foresight and related exercises, participating in regional initiatives to establish large-scale research and development facilities, and promoting competition. The combination of quality assurance, societally relevant teaching and research, accreditation, university-based and university-associated business and technology parks, business incubators and similar structures, alongside business schools, represent the main routes to successful delivery of university-derived IP. Even so, much depends on the quality, energy, experience, attitudes, and contact network of those leading these structures, and those of the associated academic staff. The roles of banks, venture capitalists, business angels, IP lawyers, and accountants in establishing a business are described, and the role and design of business plans outlined. Worrisome aspects of IP theft are described although there is little prospect of preventing it at this juncture in international relationships. Opportunities arising from the raft of transformative technologies under development are described, along with opportunities arising from international trends in convenience, fashion, design, entertainment, and diet. Climate change and the problems of water, energy, and food security offer huge opportunities for university-based innovations in STEMM subjects (science, technology, engineering, mathematics, medicine). Challenges come from (a) the level of competition; (b) dominating position of the US and Chinese tech giants absorbing talent and finance; (c) venture capital based mainly in the US and Europe; (d) US Supreme Court ruling on the patentability of software; and (e) problems of doing business in the Arab world and its attitudes to RD (b) code of institutional practice; (c) institutional quality plan; (d) standard operating procedures; and (e) equipment logbooks.

PII: S0172-2190(04)00143-7

Interest groups have played an important role in Sino-US conflicts over Intellectual Property(IP) protection such as “Special 301”, “337” investigations and dispute under TRIPS. This paper reviewed the evolvement of these conflicts and then analyzed the role of U.S. interest groups and U.S. government and Chinese government. An adjusted two-level game was put forward to illustrate the essential of Sino-US IP protection conflicts which is the U.S. government, standing for IP interest groups, demanded higher protection while Chinese government, trading off the interests of different groups, partly resisted and partly given up. The IP protection in China thus has been increasing by and by but the conflicts will not cease as long as there’s still IP protection gap. Finally it concludes that IP conflicts have not materially hampered the trade relations between U.S. and China and the IP protection pressure is also a motive for China to promote indigenous innovation.

This article is devoted to the characteristic features of the legal status of the World Intellectual Property Organization (WIPO) as an international intergovernmental organization, which operates under an international treaty – the Convention Establishing WIPO of 1967. It is inextricably linked with its legal personality and constitutes an important basis of a fairly successful activity for many years. The recognition of the authority and merits of WIPO in the field of international legal regulation of intellectual property rights is undeniable. Today the organization continues to carry out fruitful work for the progressive development of the branch it cares for, the formation of due respect for intellectual property throughout the world, and the promotion of the protection and observance of the rights of authors and inventors. The emphasis of scientific works is quite often focused on examples of the successful implementation of WIPO’s functions, however, the study of its foundations, including the international legal status of the organization itself, remains important and relevant. In this point of view, the founding documents and lawmaking of WIPO are analyzed to reveal the mandatory attributes of its legal personality. In particular, the article clearly highlights the ability of this organization to be a bearer of international rights and obligations, to act as a party in international relations, to conclude international treaties, and to carry out lawmaking activities. In light of the latter, the legal force of individual acts of the organization is determined, emphasizing the organization’s ability to create legally binding norms and the so-called «soft law». Attention is drawn to the status of WIPO as a specialized agency of the United Nations (UN) and the corresponding impact on its legal personality, as well as the fact of WIPO’s succession and the significance of this for the scope of its rights and obligations. The role of WIPO in the development of the international legal regime for the protection of intellectual property, the harmonization of national legislation of member states, and the formation of global policy in the relevant field is also outlined. The article proves that WIPO is a full-fledged subject of international law, which is confirmed both by the presence of contractual legal capacity and its actual participation in international legal relations and lawmaking.

This proposed Conference paper which emphasis on Intellectual property rights defines as: “The rights given to people over the creation of their minds” (Fred Warshofsky: Intellectual property, John Willey and Sons, 1994, p5). The researchers will focus on Historical Background ,development of Intellectual property , patent, importance and significance, research problem, research methodology, research contents, findings and recommendations. The Historical background and development to industrial intellectual property patent and design act refers to the pioneer International Convention ; 1883 which held in Paris it assumed as bed rock and foundation to whole industrial rights as amended and revised in 1979, Patent Cooperation Treaty, 1970 and Model Law for developing Countries on Marks, Trade Names and Act of unfair Competition, WIPO, 1958, then Strasbourg Agreement Concerning International Patent Classification, 1971. In addition to other International Conventions and national Acts that protecting and organizing industrial intellectual Property and Patent rights Provisions .The Characteristics and main Features of Intellectual Industrial Property :From the above mentioned definition which reflects the apparent characteristics of (I.P) to be two types such as follows: 1)The unpreceded discoveries either in the area of newly discoveries pertaining manufacturing of new models of cars ,refrigerators ,televisions ,airplane ,etc….2)specific trade marks or design recognizing the quality of apparatus manufactured ,e.g: milk, ceiling fan, motor or fashion of clothes .The significance and Importance of the forgoing paper may appears in: (i) exposition and highlighting the International and national legal systems that concerning with the protection of intellectual property and patent’s rights. (ii) It gives key and pre-requisite to protection that given to the authors rights patent and new discovery in the field of applied sciences. (iii) It explores the essentials that tackled to patents, industrial design and ownership of copyrights. For the research Problem: It might respond to such presumed questions: (i) What is the scope of industrial intellectual property? (ii) What are the international organizations that concern to protect patent, trademarks, trade secrets and industrial designs? (iii) What is the patent and ordained procedures that requested for its registration? (iv) Describe the copy right and designs which are protected by Law provisions (v) classify the classes of infringements to industrial and intellectual properties and which: are the prescribed the criminal and civil remedies: The research Methods that adopted: According to on going conference paper the researchers intend to adopt inductive analytical comparative research methodology. Literature Review: There are various masters, Ph.D Thesis and researchers contribution in this context such as: (i) Salwa Jameel Ahmed: Al-Himayt Aljnayiat Li Al-milkyat Al-fikryyah, Ph.D thesis, Ain Shumsh University (2015). (ii) Jide Babafemi: Intellectual Property the Law and Practice of Copyright, Trade marks, Patent and Industrial Design in Nigeria, 1st Edition, Justin Books Limited, Ibadan, Oyo, Nigeria (2007) (iii) Vinod V. Spole: Managing Intellectual Property: the strategic imperative, 3rd edition, PHI Learning private Limited, New Delhi (2012). Our proposed conference paper is similar with these works but it defers because it focused on Emirates Laws. The Contents of the Paper: It is primary concentrates on: (i) Definition of Industrial intellectual property, it’s features and significance (ii) Patent Protection base on Emirates Laws (iii) Criminal and Civil Protection to copy right and industrial design pursuit to Emirates Laws. (iv) Judicial precedents on industrial and Patent protection with reference to Emirates Laws