Avoiding the Tragedy of the Anticommons: Collective Rights Organizations, Patent Pools and the Role of Antitrust

2004 ◽  
Author(s):  
Giuseppe Colangelo
Keyword(s):  
Patent Pools ◽  
Collective Rights

The International Court of Justice and Peoples

2007 ◽  
Vol 9 (2) ◽  
pp. 157-180
Author(s):  
Timo Koivurova
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Self Determination ◽  
International Court Of Justice ◽  
Collective Rights ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
The Right

AbstractThe article examines how the International Court of Justice (ICJ) has dealt with the concept of peoples and peoples' rights in its jurisprudence. Most prominent has been the Court's role with respect to the right of self-determination and it is this issue that forms the core of the article. A second important question dealt with is the role of indigenous peoples in ICJ case practice, as the struggle by those peoples to gain collective rights is a recent development in international law. Drawing on this analysis, the discussion proceeds to consider the role that the ICJ has played in the development of the rights of peoples in general and what its future role might be in this sphere of international law. The article also examines the way in which the Court has allowed peoples to participate in its proceedings and whether and how its treatment of peoples' rights has strengthened the general foundations of international law.

Solving the ‘Gig-saw’? Collective Rights and Platform Work

2019 ◽  
Vol 49 (3) ◽  
pp. 352-376 ◽  
Author(s):  
Michael Doherty ◽  
Valentina Franca
Keyword(s):  
Collective Bargaining ◽  
Employment Status ◽  
Employment Relationship ◽  
Labour Law ◽  
Collective Rights ◽  
Key Stakeholders ◽  
The Social ◽  
Social Partners ◽  
Platform Economy

Abstract There are few topics in contemporary labour law scholarship that have generated more literature than work in the so-called ‘platform economy’. To date, much work has focussed on the question of defining the personal scope of the employment relationship and on the problems of using existing classifications of employment status in the context of work organised via platforms. This article seeks to address the much less-discussed issue of how collective bargaining may function in the ‘platform economy’, and the role of collective labour law actors, most notably the social partners. The article argues that, rather than focussing on individual employment status and litigation, it is by developing a regulatory framework supportive of, and that involves key stakeholders in, strong sectoral collective bargaining that work in the ‘platform economy’ can be adequately regulated to the benefit of workers, business and the State.

scholarly journals A New Deal for OLMC’s?

2012 ◽  
pp. 248-258 ◽  
Author(s):  
Will Kymlicka
Keyword(s):  
International Law ◽  
New Deal ◽  
Language Minority ◽  
The Political ◽  
Official Language ◽  
Minority Communities ◽  
Political Autonomy ◽  
Collective Rights ◽  
Official Language Minority

While Canada is widely seen as a leader in accommodating different forms of diversity, the unique needs of official language minority communities (OLMCs) are not adequately recognized in the constitution, and often fall through the cracks of the “Canadian model”. Can we imagine a new deal for OLMCs, perhaps in the form of new legislation or even a new constitutional provision that would provide stronger recognition of their national status, their collective rights, and their political autonomy? While I share the political objectives of achieving greater recognition and autonomy, this paper identifies a number of potential pitfalls and dead-ends that need to be avoided in the pursuit of such a new deal. I focus in particular on a) the role of legal categories, b) the limits of international law, and c) the constraints on constitutional reform.

scholarly journals Adverse Effects of Patent Pooling on Product Development and Commercialization

2014 ◽  
Vol 14 (1) ◽  
pp. 27-57 ◽  
Author(s):  
Thomas D. Jeitschko ◽  
Nanyun Zhang
Keyword(s):  
Adverse Effects ◽  
Product Development ◽  
Product Differentiation ◽  
Market Competition ◽  
Final Demand ◽  
Conventional Wisdom ◽  
Product Market Competition ◽  
Patent Pools ◽  
Pool Formation

AbstractThe conventional wisdom is that the formation of patent pools is welfare enhancing when patents are complementary, since the pool avoids a double-marginalization problem associated with independent licensing. This conventional wisdom relies on the effects that pooling has on downstream prices. However, it does not account for the potentially significant role of the effect of pooling on downstream product development and commercialization. We consider development technologies that entail spillovers between rivals and assume that final-demand products are imperfect substitutes. When pool formation facilitates information sharing and spillovers in development, then decreases in the degree of product differentiation can adversely affect welfare by reducing the incentives towards product development and product market competition – even with perfectly complementary patents. The analysis modifies and even negates the conventional wisdom for some settings and suggests why patent pools are uncommon in science-based industries such as biotech and pharmaceuticals that are characterized by tacit knowledge and incomplete patents.

scholarly journals Karl Renner’s theory of national autonomy

2020 ◽  
Vol 31 (3) ◽  
pp. 301-318
Author(s):  
Xabier Arzoz
Keyword(s):  
Personal Autonomy ◽  
The State ◽  
Individual Rights ◽  
National Interests ◽  
Legal Recognition ◽  
Original Theory ◽  
Collective Rights ◽  
Majority Principle ◽  
National Autonomy

Karl Renner?s theory of national autonomy has not been sufficiently taken into account by scholars due to difficulties in its reception and puzzling content. Neither liberal nor communitarian, his original theory combines individual rights with collective rights, territorial autonomy with personal autonomy, classical federalism with establishment of nations as constituent parts of the state. This paper will introduce the reader to Renner?s main concepts. It will start by presenting Renner?s ideas on the nation, the multinational state, the role of the majority principle, and the need for nations? legal recognition by and within the state. Then, Renner?s core notion of national autonomy and its organisation through the personality principle will be discussed. Further, the paper deals with Renner?s concept of the representation of national interests at the federal or supranational levels. Lastly, it sums up the discussion and draws conclusions regarding Renner?s theory of autonomy in general.

Intellectual Property

2011 ◽  
Vol 2 (4) ◽  
pp. 566-571 ◽  
Author(s):  
Meir Perez Pugatch
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Research And Development ◽  
Intellectual Property Rights ◽  
Developing World ◽  
Neglected Diseases ◽  
Patent Pools ◽  
Relevant Finding

This article examines the issue of risk in research and development (R&D) pertaining to new pharmaceuticals, especially those aimed at neglected diseases and/ or relevant primarily to the developing world. In particular, the article considers the role of patent pools and other forms of non-proprietary models as alternatives to patents (and other types of intellectual property rights) in R&D for new pharmaceuticals. The article concludes that that these mechanisms still achieve very little output and can therefore not currently be considered as viable alternatives to the use of patents in pharmaceutical R&D. Another relevant finding is that many of the existing collaborative initiatives and partnerships for R&D in neglected diseases actually rely on different forms of intellectual property rights.

Collective rights of platform workers: The role of EU law

2020 ◽  
Vol 27 (4) ◽  
pp. 406-424
Author(s):  
Tamás Gyulavári
Keyword(s):  
Collective Bargaining ◽  
Trade Unions ◽  
Employment Protection ◽  
Economic Activities ◽  
Labour Law ◽  
Digital Platforms ◽  
Collective Rights ◽  
European Court ◽  
The Right

Platform work is a new umbrella concept which covers a heterogeneous group of economic activities performed through digital platforms. Effective collective rights and bargaining would be essential for platform workers due to their vulnerable employment status. Yet collective organization of platform workers is troublesome, so trade unions face difficulties. The protection of the labour law directives is limited by their personal scope, which may be gradually expanded by the broad ECJ interpretation of the ‘worker’ concept. The effective right to collective bargaining would be particularly important, but it is restricted by EU antitrust rules with an exemption only for employees. In the last decade, the European Court has moved towards a wider personal scope of collective bargaining by interpreting the concept of ‘worker’. The recent FNV Kunsten decision used the notion of ‘false self-employed’ to go beyond the national concept of ‘employee’, but the wide interpretation of ‘worker’ shall be based on the need and necessity of employment protection deriving from economic dependency. As an alternative, the Gebhard formula may be invoked to grant the right to collective bargaining for platform workers.

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

Collective Rights–Based Fishery Management: A Path to Ecosystem-Based Fishery Management

2018 ◽  
Vol 10 (1) ◽  
pp. 469-485 ◽  
Author(s):  
Daniel S. Holland
Keyword(s):  
Moral Hazard ◽  
Adverse Selection ◽  
Fishery Management ◽  
Quota System ◽  
Collective Rights ◽  
Selection Problems ◽  
Individual Transferable Quota ◽  
Monitoring And Enforcement ◽  
Do So

Fishery rents may be dissipated across margins not well defined or controlled by an individual transferable quota system. Collective rights–based fishery management (CRBFM), where catch rights are held by a group, can sometimes generate greater benefits and can also address external impacts of the fishery. I discuss potential failures of individual quotas and how these problems were addressed by CRBFM institutions. I then focus on the role of CRBFM in addressing environmental and social impacts external to the group of fishers, such as bycatch, habitat impacts, and spatial conflicts. The review suggests that CRBFM can effectively address both intrafishery and external impacts, provided there is sufficient incentive to do so, including maintaining access to preferred markets or the threat of further regulation. However, CRBFM can create moral hazard and adverse selection problems, and successful CRBFM institutions generally have homogeneous membership with well-aligned interests and/or formal contracts with monitoring and enforcement provisions.

Role of dactinomycin in the improved survival of children with Wilms' tumor

JAMA ◽  
1966 ◽  
Vol 195 (12) ◽  
pp. 1005-1009 ◽  
Author(s):  
D. J. Fernbach
Keyword(s):  
Wilms Tumor
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