1,720,984 research outputs found
Intellectual Property and Development : Theory and Practice
No full textThe book examines the correlation between Intellectual Property Law – notably copyright – on the one hand and social and economic development on the other. The main focus of the initial overview is on historical, legal, economic and cultural aspects. Building on that, the work subsequently investigates how intellectual property systems have to be designed in order to foster social and economic growth in developing countries and puts forward theoretical and practical solutions that should be considered and implemented by policy makers, legal experts and the Word Intellectual Property Organization (WIPO).\ud
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Intellectual property and development : theory and practice
No full textSince the 1960s, many developing countries have introduced IP laws to help them in their social and economic development. Introducing these laws was considered as a civilised act and a precondition of developing countries‘ progress from being =under-developed‘ to becoming =developed‘. In 2004, Brazil and Argentina presented a comprehensive proposal on behalf of developing countries to establish the Development Agenda in the World Intellectual Property Organisation (WIPO). They put forward a view that IP laws in their current form are not helping those countries in their development, as is constantly being suggested by developed countries, and that there is a need to rethink the international IP system and the work of WIPO.\ud
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The research undertaken examines the correlation between IP and social and economic development. It investigates how IP systems in developing countries could work to advance their development, especially in the context of the internet. The research considers the theory and practice of IP and development, and proposes a new IP framework which developing countries could employ to further their social and economic development
A Pragmatic Approach to Intellectual Property and Development: A Case Study of the Jordanian Copyright Law in the Internet Age
Get PDFOn October 4, 2004, Brazil and Argentina requested that WIPO adopt a development-oriented approach to IP and to reconsider its work in relation to developing countries. In October, 2007, WIPO member States adopted a historic decision for the benefit of developing countries, to establish a WIPO Development Agenda. Although there have been several studies related to IP and development that call for IP laws in developing countries to be development-friendly, there is little research that attempts to provide developing countries with practical measures to achieve that goal. This article takes the copyright law in Jordan as a case study and shows how, in practical terms, a pro-development-oriented approach could be implemented in the copyright laws of developing countries. It provides specific recommendations for developing countries to ensure that their IP laws are aligned with and serve their social and economic development objectives
Copyright law in the United Arab Emirates in the digital age
No full textThis article gives an overview of copyright law in the United Arab Emirates (UAE) and critically evaluates its operation in the digital era, providing suggestions for reform
Copyright and innovation in the digital age : The United Arab Emirates
No full textThe UAE has been at the forefront when it comes to the use of digital technologies in the Middle East. It is amongst the most highly Internet connected countries in the Middle East with 2,300,000 Internet users as of March 2008. According to Emirates Internet Multimedia (EIM) this amounts to 49.8% of the population.-----\ud
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The purpose of this paper is to consider how copyright law in its current form fits the challenges of the digital age and in particular how it might be improved to promote the possibilities for innovation especially in developing countries. We take the Federal Law No. (7) of 2002 (UAE) Pertaining to Copyrights and Neighbouring Rights as our case study.-----\ud
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حقوق التأليف والإبداع في العصر الرقمي. دولة الإمارات العربية المتحدة\ud
و رامي علوان براين فيتزجيرالد\ud
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ظهور التكنولوجيات الرقمية والشبكات يعني أن حقوق التأليف الآن \ud
أصبحت ضرورية لكل مانقوم به في الإنترنت سواء كان للبحث او الترفية . يمكن الإعتداء علي حقوق التأليف فى كل مرة نستخدم فيها التكنولوجيات الرقمية.\ud
في كل بلد من البلدان قانون حقوق التأليف وليس فقط قانون البراءات ينبغي أن ينظر إليه باعتباره العنصر الرئيسي لتحقيق الابتكار. انه أمر أساسي لتوليد ونقل المعرفة. يحتاج قانون حقوق التأليف في دولة الإمارات العربية المتحدة لمراعاة مبدأ "تدفق المعلومات" في الاقتصاد المعاصر.\ud
أن قانون حقوق التأليف والنشر المفرط في التقييد سيتباطأ ويخفض \ud
التطوير والابتكار في حين أن قانون حقوق التأليف التي يمكن أن تسخر قوة التكنولوجيا سيوفر ميزة تنافسية. \ud
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Intellectual property, TRIPS and development
No full textIntellectual property is crucial to the promotion of innovation. It provides an incentive to innovate as well as security for investment in innovation. The industries of the 21st century-information technology, biotechnology, pharmaceuticals, communications, education and entertainment – are all knowledge-based. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement), adopted in 1994 at the conclusion of the Uruguay Round of trade negotiations, requires all WTO member countries to provide for the protection and enforcement of intellectual property rights. Having forged a link for the first time between intellectual property rights and the international trading system, the adoption of TRIPS means that any country that aims to participate fully in the global economy needs to understand the role of intellectual property and align its intellectual property laws and practices with the international minimum standards prescribed by TRIPS. However, for developing and least-developed countries, the implementation of intellectual property systems and enforcement mechanisms raises questions and challenges. Does recognition and enforcement of intellectual property serve their development needs and objectives? Does TRIPS encourage or hinder the transfer of technologies to developing and least-developed countries, particularly those that meet urgent needs in areas such as public health, food security, water and energy? What is the effect of TRIPS on developing countries’ access to knowledge and information? Is there scope for flexibility in implementation of TRIPS in pursuit of development strategies
Contracting and Proving Contracts in Cyberspace (in Arabic)
No full textThe article aims to address the legal implications and challenges that Internet technology coins upon the traditional concepts and principles of Jordanian civil law-and is particularly concerned with the formation of Contracts and Evidence laws. The article consists mainly of two parts: A preliminary introduction and two chapters. In the primary introduction the author defines and clarifies the technical aspects of the Internet, its array of different meanings and varied implications, as well as a discussion of its historical development and vital rise.
The first part then considers procedures and stages through which contracts will be formed on-line: either pre-contractual or contractual ones. The second chapter deals mainly with Evidence and attempts to discuss that contracts conducted through the Internet and cyberspace remain legally binding. The author concludes his article by presenting proposals and suggestions that-if, and once, implemented-would modernize and significantly update Contract(s) and Evidence laws in Jordan and in other countries of the Arabic world
Critical Review of the Proposed Palestinian Electronic Commerce and Signatures Laws [in Arabic]
No full textThis study critically reviews two draft laws prepared by the Palestinian Legislative Council (PLC), namely the Electronic Transactions (ECommerce) Law and the Electronic Authentications (E-Signatures) Law. It also provides recommendations to improve the draft laws and create a favorable legal environment to facilitate e-commerce in Palestine.
The paper first defines the various aspects of electronic commerce, highlighting its importance and advantages. It concludes that there are currently no true e-commerce activities in Palestine, despite the existence of several companies involved in the field. Reasons for this include the fact that the market is not apparently being developed to deal with such activities, that companies do not have the necessary international expertise and skilled staff, and that legal institutions in Palestine are undeveloped. In addition, the poor legal infrastructure, and current absence of any law that regulates e-commerce, discourages companies and customers from engaging in it.
The study explores and identifies the main reasons that induce countries like Palestine to create laws regulating e-commerce and electronic authentications. These include the protection of national security, the privacy of individuals, consumer protection, recognition of e-business transactions, and regulating Certification Authorities (CA) or Trusted Third Parties (TTP).
The study presents different methods of regulating electronic authentications and e-signatures, including government intervention, industry or self-regulation, and co-regulation. The author prefers the coregulation model, already adopted in certain countries, under which the government drafts its e-commerce laws in discussion with the private sector. This cooperation between the public and the private sector result in laws being drafted in accordance with the needs of the Certification Authorities, which will result in increased certification services and thus increased e-commerce activities
The Reform of Educational Exceptions in the UAE Copyright Law to Suit Development Goals
No full textThis article studies the copyright law in the United Arab Emirates (UAE), particularly the educational exceptions in the digital age. It examines to what extent they can foster education and development goals. Unfortunately, there are few studies that consider educational exceptions in developing countries and examine their impact on development. This is certainly the case for Arab countries and the Gulf States that have little research in relation to educational exceptions,9 and limitations and exceptions more
generally. The research is divided into four sections. The first section will provide a general overview of intellectual property and development. The second section considers economic and social development in the UAE. The third section gives an overview of educational exceptions under the UAE Copyright Law and examines the adequacy of these exceptions in the digital age. The final section discusses the future of copyright law in the UAE and developing countries
Intellectual property management for small and medium-sized enterprises in the United Arab Emirates
No full textThis article studies the significance of IP for small and medium-sized enterprises (SMEs) in the United Arab Emirates (UAE), and particularly Dubai, to promote innovation and increase business revenues. Many SMEs in the UAE are unaware of the importance of IP rights and are not utilizing them properly to formulate suitable management strategies to support business development and competitiveness. The article examines the initiatives, policies and programmes that were implemented by the UAE’s Federal and local governments to encourage the effective use of the IP system. It finds that these programmes are mainly providing general business assistance and IP awareness to entrepreneurs, not targeting SMEs in particular, with little coordination and few specific goals to be achieved. It proposes several suggestions and recommendations to strengthen and unify these efforts. These include reforming the UAE IP system to be ‘SME friendly’, the establishment of IP courts and the formulation of a national IP policy by the Federal Government that recognizes the importance of IP for fostering the innovation ecosystem, in line with the UAE Vision 2021
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