1,720,976 research outputs found
The TRIPS Agreement Revisited ‒Time to Open-Up Climate Technologies for Least Developed Countries
Full text link107-129Because most climate technologies are patented in developed countries, intellectual property rights held over these
technologies by rights holders in developed countries can impede the access of least developed countries (LDCs) to these
technologies owing to difficulties such as high royalty fees, refusals to license and unnecessary conditions for transfers of
technology. This paper argues that the principles and objectives of the TRIPS Agreement, as laid down in Articles 7 and 8,
could be used for an interpretation fitting the need of the LDCs to access climate technologies and evaluates the potential to
adopt a declaration on the TRIPS Agreement and climate change to guide the utilisation of TRIPS flexibilities. Among other
things, these include using research exceptions, parallel imports, compulsory licences and competition law. This paper
further evaluates potential options for utilising Articles 66.2 and 67 of the TRIPS Agreement and the potential to adopt a
new agreement from a climate change standpoint to meet the urgent need of LDCs for access to and transfer of climate
technologies
Using Metacognition in Intellectual Property Law Teaching
Full text link295-300Metacognition entails a critical understanding regarding the self-evaluation of thinking and learning. The tasks that law students undertake require both cognitive and metacognitive strategies. It is argued that, in the absence of metacognition, people may be unaware of their own incompetence. Without proper understanding of complex intellectual property (IP) Law issues, it can be difficult to attain competence in a way that serves the global nature of IP disputes, effective communication with clients and proper knowledge of subject matter from the perspectives of different jurisdictions. This article evaluates how IP Law teaching might become more effective at integrating metacognition strategies with teaching and learning activities
Are the UNFCCC Paris Agreement and the TRIPS Agreement Facilitating Access to and Transfer of Climate Technologies for the LDCs?
No full textThis article evaluates the effectiveness of the technology transfer provisions under the United Nations Framework Convention on Climate Change (UNFCCC), Kyoto Protocol, and Paris Agreement and under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, to facilitate access to and transfer of climate technologies for the least developed countries (LDCs) through a case study on Bangladesh (which has been selected considering its serious vulnerability to climate change and as one of the most active LDC in technology transfer during climate negotiations and TRIPS Council meetings). This article concludes that the LDCs should indicate their technology needs in their Nationally Determined Contributions (NDC) using an integrated, collaborative approach, including financing for climate technologies and capacity-building indicating their specific technology transfer needs. The TRIPS Council under the TRIPS Agreement could introduce a comprehensive review mechanism for evaluating the technology transfer support provided by the developed countries to the LDCs. The author proposes to develop a database of urgently needed climate technologies and establish a neglected climate technology initiatives network to facilitate access and transfer of urgently needed climate technologies for the LDCs.</p
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Future-Proofing Intellectual Property Education in the Digital Era : Aligning IP Rights with Fundamental Rights in the Age of Emerging Technologies
No full textThe traditional approach to teaching intellectual property (IP) law—focused primarily on legal texts, registration procedures, and a few case laws—is becoming increasingly obsolete. This method that emphasizes the application and granting of patents, trademarks, designs, and rules on copyright and trade -secret protections, fails to equip students with the tools needed to navigate the complexities of a rapidly evolving technological landscape. As technology continues to advance at an unprecedented pace, IP law students face growing challenges in understanding, applying, and critically analyzing legal frameworks in real-world contexts. To address this, it is no longer adequate to teach IP law solely from a legalistic perspective aimed at serving corporate interests. In the age of emerging technologies, IP education need to adjust several competing interests such as corporate (investment/economic), individual (moral/privacy/human rights) and societal interests (access/environmental). It is vital to incorporate socio-technological and human rights dimensions into the IP curriculum. A futureproof IP education need to adopt a problem-based, critical thinking and interdisciplinary approach. Students should not only study legal texts but also explore how these laws might be interpreted and applied in uncertain, risk-laden, and technologically dynamic environments. Since legal reforms cannot keep pace with every technological innovation, it is the interpretive and interdisciplinary understanding of IP law that will enable future practitioners to address emerging challenges—particularly those intersecting with fundamental rights. In my teaching, I have developed two interdisciplinary models to address this need. The first, focused on AI and IP law, begins with students mapping the future of AI using the "Five L&W" framework: Love, Live, Learn, Labour, Legal/regulatory, and War. This is followed by an analysis of relevant technologies from an IP perspective and their implications for fundamental rights. Finally, students propose legal and policy solutions. The second model, centered on green technologies and role of IP, uses an interconnected approach. Students begin by examining a classic environmental or societal problem through the lens of fundamental rights and the Sustainable Development Goals (SDGs). They then explore technological solutions and assess how IP law can support, rather than hinder, accessibility, affordability, and long-term sustainability. My experience suggests that IP education must be reimagined through the lens of "future-proofing." This involves integrating interdisciplinary and critical perspectives into the curriculum to ensure that students are prepared to address both technological change and fundamental rights in their future legal practice. By doing so, we can ensure that IP law remains relevant, responsive, and socially relevant in the technological age and from the perspectives of fundamental rights too.
Intellectual Property and Public Health in the Developing World
Full text link"Across the world, developing countries are attempting to balance the international standards of intellectual property concerning pharmaceutical patents against the urgent need for accessible and affordable medicines. In this timely and necessary book, Monirul Azam examines the attempts of several developing countries to walk this fine line. He evaluates the experiences of Brazil, China, India, and South Africa for lessons to guide Bangladesh and developing nations everywhere. Azam's legal expertise, concern for public welfare, and compelling grasp of principal case studies make Intellectual Property and Public Health in the Developing World a definitive work. The developing world is striving to meet the requirements of the World Trade Organization's TRIPS Agreement on intellectual property. This book sets out with lucidity and insight the background of the TRIPS Agreement and its implications for pharmaceutical patents, the consequences for developing countries, and the efforts of certain representative nations to comply with international stipulations while still maintaining local industry and public health. Azam then brings the weight of this research to bear on the particular case of Bangladesh, offering a number of specific policy recommendations for the Bangladeshi government—and for governments the world over.
Intellectual Property and Public Health in the Developing World is a must-read for public policy-makers, academics and students, non-governmental organizations, and readers everywhere who are interested in making sure that developing nations meet the health care needs of their people.
1. Setting the Scene
No full text1.1 Background Prior to the creation of the World Trade Organization in 1995, individual countries were free to determine their own patent laws. This position has now changed. All members of the WTO are required to adopt patent laws that comply with the Agreement on Trade-related Aspects of Intellectual Property Rights, including the implementation of patent protection for pharmaceuticals. The developed members of the WTO negotiated mandatory protection for pharmaceutical products and process..
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