Role of Blocking Injunctions in Balancing the Right of Individuals and Rights of Intellectual Property Owners

2017 ◽  
Author(s):  
Sandeep Mittal I.P.S.
Keyword(s):  
Intellectual Property ◽  
Property Owners ◽  
The Right ◽  
Blocking Injunctions

Intellectual Property Challenges in Digital Library Environments

2018 ◽  
pp. 225-240
Author(s):  
James Macharia Tutu
Keyword(s):  
Intellectual Property ◽  
Open Access ◽  
Digital Library ◽  
Digital Libraries ◽  
Digital Content ◽  
Access To Information ◽  
Creative Commons ◽  
Property Owners ◽  
Copyright Ownership ◽  
The Right

Intellectual property poses a major challenge to digital libraries. This is because access to information in digital libraries is limited by laws, licenses and technology adopted by intellectual property owners. Similarly, intellectual property renders it difficult for digital libraries to make orphan works discoverable and accessible. Furthermore, intellectual property fragments copyright ownership, making it difficult for digital libraries to obtain the right clearance on content. To cope with these challenges, digital libraries have embraced the open access movement which allows reading, copying, downloading and sharing of digital content as long as the creators of the works are cited and acknowledged. Besides, digital libraries offer access to digital works produced under creative commons licenses. These licenses give the copyright owners the liberty to modify the copyright of their works to give room for sharing, use, and building upon the work.

Intellectual Property Challenges in Digital Library Environments

2021 ◽  
pp. 219-234
Author(s):  
James Macharia Tutu
Keyword(s):  
Intellectual Property ◽  
Open Access ◽  
Digital Library ◽  
Digital Libraries ◽  
Digital Content ◽  
Access To Information ◽  
Creative Commons ◽  
Property Owners ◽  
Copyright Ownership ◽  
The Right

Intellectual property poses a major challenge to digital libraries. This is because access to information in digital libraries is limited by laws, licenses and technology adopted by intellectual property owners. Similarly, intellectual property renders it difficult for digital libraries to make orphan works discoverable and accessible. Furthermore, intellectual property fragments copyright ownership, making it difficult for digital libraries to obtain the right clearance on content. To cope with these challenges, digital libraries have embraced the open access movement which allows reading, copying, downloading and sharing of digital content as long as the creators of the works are cited and acknowledged. Besides, digital libraries offer access to digital works produced under creative commons licenses. These licenses give the copyright owners the liberty to modify the copyright of their works to give room for sharing, use, and building upon the work.

The Watchdog of the Lakefront

2021 ◽  
pp. 83-127
Author(s):  
Joseph D. Kearney ◽  
Thomas W. Merrill
Keyword(s):  
The United States ◽  
Private Landowner ◽  
The Public ◽  
World's Columbian Exposition ◽  
The Supreme Court ◽  
Property Owners ◽  
Columbian Exposition ◽  
Michigan Avenue ◽  
The Right

This chapter discusses the role of the Michigan Avenue property owners (or the Prairie Avenue owners) in opposing the ambitions of the Illinois Central Railroad on the lakefront. It examines how they became instrumental in blocking plans to locate the World's Columbian Exposition in Lake Park, and helped scuttle any number of settlement possibilities that would have allowed an expansion of the railroad's harbor facilities in the lake. The chapter highlights the Michigan Avenue owners' efforts to preserve the value of their property, and introduces the antagonists they had to contend with as Lake Park began to grow through additional landfilling and proposals proliferated to fill the lakefront with exhibition halls, armories, libraries, and museums. It investigates how the Michigan Avenue owners employed a legal tool called public dedication doctrine against proposed buildings in the park. The chapter refers to the public dedication doctrine as the right of a private landowner to enforce statements on publicly recorded plats and maps that certain lands will be devoted to public uses, such as streets, public squares, or parks. Ultimately, the chapter describes a growing number of precedents endorsing the public dedication doctrine from other jurisdictions — including several prominent decisions of the Supreme Court of the United States.

TINJAUAN HUKUM PENOLAKAN PATEN TERKAIT DENGAN KEBARUAN DARI KISARAN

Veritas ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 66-80
Author(s):  
Nur Hasanah
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Intellectual Work ◽  
Human Creativity ◽  
Patent Applications ◽  
The Right ◽  
Human Sense

Intellectual property rights are related to human creativity which is the result of the work of creativity, human sense and intention. In Intellectual Property Rights that are protected is the right of the owner of Intellectual Property Rights, not the final product produced by the owner of Intellectual Property Rights. In the global economic order, Intellectual Property Rights are seen as a trade problem that includes interactions of three main aspects, namely intellectual property, commercialization and legal protection. This means that Intellectual Property Rights become important when there are intellectual works that will be commercialized so that the owners of intellectual works need formal legal protection to protect their interests in obtaining benefits from the commercialization of their intellectual work. This study explains the role of how the decision of the Patent Appeal Commission on patent applications, especially on patent applications number W00200903691 submitted by Repros Therapeutics Inc. through Intellectual Property Consultants in Indonesia who represent it (in this case AMR Partnership) with the title of the invention "Antiprogestin Dosage Regimen" and how to analyze the decision.

scholarly journals Property Rights and the Protection of Subsistence in Article 1(2) of the Human Rights Covenants

2019 ◽  
Vol 26 (2) ◽  
pp. 157-188
Author(s):  
James Summers
Keyword(s):  
Human Rights ◽  
General Population ◽  
Property Rights ◽  
Ethnic Minorities ◽  
Indigenous Peoples ◽  
Subsistence Farmers ◽  
Property Owners ◽  
The Common ◽  
The Right

This article explores how property rights have informed the peoples’ right to resources in Article 1(2) of the Human Rights Covenants. It examines practice in the interpretation of Article 1, as well as jurisprudence from the Inter-American and African human rights systems linking peoples’ rights and the right to property. It also highlights the pivotal role of protection of subsistence in making this connection. The right to resources can draw from different forms of property, including private, public, communal and traditional forms. Property rights under Article 1 have also applied to a broad range of communities, including indigenous peoples, subsistence farmers, traditional property owners, ethnic minorities, as well as the general population of a state. The common feature of these communities is their vulnerability in the protection of their means of subsistence, and this has linked property rights with Article 1.

Ch.4 Objectives and Principles

2020 ◽  
Author(s):  
Correa Carlos Maria
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Technological Innovation ◽  
Intellectual Property Rights ◽  
Primary Objective ◽  
Transfer Of Technology ◽  
Property Owners ◽  
Dissemination Of Technology

This chapter looks at the objectives and principles of the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement. The primary objective of the proponents of the Agreement was to secure the rights of intellectual property owners to exploit their protected assets in the jurisdiction of all parties to the General Agreement on Tariffs and Trade (GATT). They emphasized the role of the protection of intellectual property rights (IPRs) as incentives for innovation, and were keen to leave issues relating to the exploitation of the rights to the discretion of title-holders. In contrast, developing countries feared that a strengthened IPR protection would give too much power to title-holders and limit access to, and transfer of, technology to those countries. Article 7 of the Agreement, based on a proposal submitted by developing countries, represents a compromise between these two positions. It states that IPRs should contribute to the promotion of technological innovation and to the transfer and dissemination of technology.

scholarly journals FACTORS OF INCREASING THE INVESTMENT ATTRACTIVENESS OF ENTERPRISES ROCKET AND SPACE ENGINEERING

2018 ◽  
Keyword(s):  
Intellectual Property ◽  
Organizational Design ◽  
Resource Dependence ◽  
Institutional Environment ◽  
Private Capital ◽  
Precision Engineering ◽  
Public Authorities ◽  
The Right ◽  
Work Done

Rocket and space engineering is the leading branch of high-precision engineering and the economy of the country as a whole. The tendencies of its functioning, which have changed under the influence of globalization and the expanding world division of labor, are a challenge for changing investment forms of the industry development. It is necessary to improve organizational design, strengthen the role of private capital and reduce the risks of activities. Therefore, the pur-pose of this work was to study the factors of increasing the investment attractiveness of enterprises of rocket and space engineering. As a result of the work done, it was possible to identify that among the main factors that ad-versely affect the development of rocket and space machinery and impede the growth of investment is the presence of cases of discrimination by subjects of foreign and international space activities of Russian entities, resource dependence on foreign resources, including intellectual property, imper-fection of the model of domestic competition and the problems of organizational design of enter-prises of the industry. In the opinion of the authors, the output of products of rocket and space engi-neering to the international market is possible only through the consolidation of coordination efforts without "internecine" domestic competition among themselves and improving the quality of prod-ucts. On the part of public authorities, measures are required to attract private capital, improve the tools for the right protection of intellectual property, and form a new institutional environment for the development of this sector.

The role of institutions in mediating the use of intellectual property rights has long been neglected in debates over the economics of intellectual property. In a path-breaking work, Rob Merges studied what he calls "collective rights organizations, " industry groups that collect intellectual property rights from owners and license them as a package. Merges finds that these organizations ease some of the tensions created by strong intellectual property rights by allowing industries to bargain from a property rule into a liability rule. Collective rights organizations thus play a valuable role in facilitating transactions in intellectual property rights. There is another sort of organization that mediates between intellectual property owners and users, however. Standard-setting organizations (SS0s) regularly encounter situations in which one or more companies claim to own proprietary rights that cover a proposed industry standard. The industry cannot adopt the standard without the permission of the intellectual property owner (or owners). Given the importance of SSO rules governing intellectual property rights, there has been surprisingly little treatment of SSOs or their intellectual property rules in the legal literature. My aim in this article is to fill that void. To do so, I have surveyed the intellectual property policies qJ_ dozens of SS0s, primarily but not exclusively in the Antitrust, intellectual property and standard setting organizations

2002 ◽  
Author(s):  
M.A. Lemley
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Standard Setting ◽  
Liability Rule ◽  
Collective Rights ◽  
Industry Standard ◽  
Legal Literature ◽  
Property Owners
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