Legal issues in bioinformatics

10.5912/jcb34 ◽  
1969 ◽  
Vol 9 (3) ◽  
Author(s):  
Caroline McCubbin

This paper is a review of legal issues in the discipline of bioinformatics. It covers the intellectual property rights (IPR) protection available to databases (together with their contents) and software. Legal problem areas that are unique to the discipline are then discussed. The paper concludes with a summary of the IPR position and recommendations that have been made for resolution of problem areas.

2014 ◽  
Vol 05 (03) ◽  
pp. 1440009
Author(s):  
Sasatra Sudsawasd ◽  
Santi Chaisrisawatsuk

Using panel data for 57 countries over the period of 1995–2012, this paper investigates the impact of intellectual property rights (IPR) processes on productivity growth. The IPR processes are decomposed into three stages — innovation process, commercialization process, and protection process. The paper finds that better IPR protection is directly associated with productivity improvements only in developed economies. In addition, the contribution of IPR processes on growth through foreign direct investment (FDI) appears to be quite limited. Only inward FDI in developed countries which creates better innovative capability leads to higher growth. In connection with outward FDI, only the increase in IPR protection and commercialization are proven to improve productivity in the case of developing countries, particularly when the country acts as the investing country.


2008 ◽  
pp. 279-290
Author(s):  
H. Sasaki ◽  
Yasushi Kiyoki

The principal concern of this chapter is to provide those in the digital library community with the fundamental knowledge on the intellectual property rights and copyrights regarding multimedia digital libraries. The main objects of our discussion are the multimedia digital libraries with content-based retrieval mechanisms. Intellectual property rights are the only means for database designers to acquire their incentive of content collection and system implementation in database assembling. We outline the legal issues on multimedia digital libraries and retrieval mechanisms. As the protection of intellectual property rights is a critical issue in the digital library community, the authors present legal schemes for protecting multimedia digital libraries and retrieval mechanisms in a systematic, engineering manner.


2019 ◽  
Vol 23 (06) ◽  
pp. 1950059
Author(s):  
QINGFENG WANG ◽  
XU SUN

As Intellectual Property (IP) protection can nurture innovation, and since innovation is one of the critical sources of economic growth, it has become especially important since China surpassed a certain economic development stage, because China now has a growing number of its own innovations which need to be protected. This paper describes the construction of a new research model with which to explore and examine the impact of potential factors on attitudes towards Intellectual Property Rights (IPR) in China in the context of the creative design industry. The findings of a quantitative study of Chinese design business owners reveal the significant roles of Confucianism, perceived economic loss and perceived effectiveness of IPR law enforcement in shaping their attitudes towards IPR. Our findings support the idea that promoting Confucianism can help to develop an internalised respect for IPR, while sizable penalties for IPR infringement can enhance the effectiveness of IPR protection.


2017 ◽  
Vol 07 (03) ◽  
pp. 1750005
Author(s):  
Iftekhar Hasan ◽  
Fahad Khalil ◽  
Xian Sun

We investigate the impacts of improved intellectual property rights (IPR) protection on cross-border M&A performance. Using multiple measures of IPR protection and based on generalized difference-in-differences estimates, we find that countries with better IPR protection attract significantly more hi-tech cross-border M&A activity, particularly in developing economies. Moreover, acquirers pay higher premiums for companies in countries with better IPR protection, and there is a significantly higher acquirer announcement effect associated with these hi-tech transactions.


2020 ◽  
pp. 1-15
Author(s):  
TE-CHENG LU ◽  
JIN-LI HU ◽  
YAN-SHU LIN

We employ a bilateral R&D spillover model to analyze how a domestic government coordinates its intellectual property rights (IPR) and trade policies and hence affects a foreign firm’s choice between export (EX) and foreign direct investment (FDI). We find that both firms’ profits increase with IPR protection if the IPR protection level in the domestic country is loose. The domestic country can coordinate trade and IPR policies and reach a high welfare level by affecting foreign firm’s entry decisions. The profitability and desirability may decrease with the strength of IPR protection and correspond to a welfare-reducing R&D.


Author(s):  
Goretti Cabaleiro ◽  
Felipe Salce

This article reviews the primary implications of having strong intellectual property rights (IPRs) for innovation in the context of the situation in Latin America. Specifically, the article reviews the relationships, as found in the literature, between strong IPR protection and important economic and innovation-related variables both for developed and developing countries. Beyond its focus on Latin America, the paper also provides evidence and explains the situation of the different IPR regimes; describes the existing regional and global legislation and initiatives; and looks into the debate regarding the effect of IPRs in developing countries.


Author(s):  
Siegfried Fina ◽  
Gabriel M. Lentner

This article examines the potential challenges for the protection of intellectual property rights (IPRs) through International Investment Agreements (IIAs) in light of the new generation of IIAs negotiated by the European Union (EU). It argues that it will be difficult in practice to succeed in enforcing IPRs through IIAs. The article will do so by examining in detail the criteria international tribunals have required in order to consider IPRs covered investments, and then analyzing the key protection standards considering the interaction between investment treaties and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Because negotiators have reacted to the legal issues raised in this context with new and innovative treaty language, this article will further examine these issues based on the EU’s IIAs. Their drafting practice should be taken as an indication that existing IIAs should be interpreted rather narrowly in respect of the protection of IPRs.


Jurnal Hukum ◽  
2016 ◽  
Vol 31 (1) ◽  
pp. 1655
Author(s):  
Nugraha Pranadita

Abstrak: Di Indonesia saat ini sedang berkembang pemikiran tentang penerapan prinsip syariah dalam bidang-bidang perekonomian, termasuk dalam hal perlindungan Hak Kekayaan Intelektual (HKI). Pemikiran tersebut berbeda dengan “pemikiran barat” yang menjadi dasar dibentuknya undang-undang terkait perlindungan HKI yang sudah ada di Indonesia. Rumusan konsep perlindungan HKI syariah adalah sebuah konsep hasil penggabungan fungsi beberapa pranata hukum yang ada. Hal tersebut memungkinkan rumusan konsep perlindungan HKI syariah ini dapat segera diterapkan di Indonesia dan tetap menjadi bagian dari sistem hukum nasional dan sekaligus menjadi bagian dari tradisi hukum yang ada di dunia. Kata kunci: Perlindungan HKI syariah, konsep, implementasi.  Abstract: In Indonesia, the idea of applying the sharia principles in economy fields is currently developing, including the protection of Intellectual Property Rights (IPR). This idea is substantially different from the "western thought" which became the basis of the law establishment regarding the protection of Intellectual Property Rights in Indonesia. The formulation of the concept of sharia IPR protection is a concept of the result of merging some functions of the existing legal order. It allows the formulation of the concept of IPR protection sharia to be immediately applied in Indonesia and remains a part of the national legal system and also become part  of the legal tradition in the world. Key words : Sharia IPR Protection, concept, implementation.


2012 ◽  
Vol 13 (1) ◽  
pp. 32-56
Author(s):  
Pia Hurmelinna-Laukkanen

Intangible assets facilitate successful international growth and, likewise, new value can be created through internationalization as it supports creating and utilizing such assets. Independent of whether the innovative creations are input or output, in order to preserve the benefits, awareness of the threat of imitation is needed. Departing from prior studies concentrating on patenting and copy-prevention, or taking the relationship between intellectual property right (IPR) protection and internationalization as given premises, this study addresses the features and effects of IPRs in internationalization from a more strategic perspective. Analysis of data from 299 companies provides empirical evidence.


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