However, the rights have some confinements incorporating the limitations and other considerations of issues like their contradiction with the fundamental rights and the codified provisions in force. The legal issues involving intellectual property rights have two dimensions. Firstly, those that provide exclusive rights only in the sphere of copying / reproduction of the item or act safeguarded and secondly, those which provide a right to deter others from doing something. The former has no hindrance for making the design if it is not a case of copying. However, the later confers the right of patents and prevent the others from making the same design even if they had never heard of or seen the claimed property. The more specialized forms of such exclusive rights also prevails regionally such as mask work rights in USA, Integrated Circuit Topography Act in Canadian law, and in European Community Law by Directive 87/54/EEC of 16 December 1986 on the legal safeguards of "topographies of semiconductor products, plant breeders' rights, plant variety rights, industrial design rights, database rights in European law and supplementary protection certificates for pharmaceutical products." (Intellectual property rights: Wikipedia, the free encyclopedia) global framework of mandatory minimum intellectual property standards that extended the arena of safeguarding and enforcement of intellectual property is established by the Agreement of Trade-Related Aspects of Intellectual Property Rights of World Trade Organization. The World Intellectual Property Organization or WIPO also strives to devise new rules in consonance with the minimum standards of TRIPS Agreement. The Bilateral and regional agreements and negotiations such as United States- Jordan Free Trade Agreement and draft Agreement for the Free Trade Area of the Americas also aim for TRIPS - plus standards. (Intellectual Property and Sustainable Development)
What are the implications for business?
The safeguard of intellectual property is considered as a crucial factor for economic growth and advancement in the high technology sector. They are beneficial to the business and assist the public as a whole and acts as a mechanism for technical advancement. Patents are beneficial to the owner of the Intellectual Property and supplement the value to all industrial as well as business concerns and laboratory discoveries and as a result of this it extend incentives for...
Research: As we can see in the preliminary discussion above, in the face of the extension of copyright and patent-heavy cultures from western nations to global trade relationships, the very conflict between capitalism and social progressivism is implicated. Indeed, many socially conscious global economic groups are protesting international intellectual property laws that they say are burdensome to developing economies and which favor the sense of entitlement and ownership typically reserved for
China's Intellectual Property Rights: Current Issues, Strategic Considerations And Problem Solving In this paper, the focus is primarily on the Intellectual Property Rights (IPR) that are given to individuals within the Republic of China. The paper starts off by defining IPR and the different ways that IPR is provided like copyright infringement. The paper them moves on to define IPR and its progression in China through the imperialistic years, the era
In the contemporary cyber environment, innovation does not enhance success. For example, most patents such as songs and books receive low rewards. The author suggests that there is a need to make rules to enhance the bargain of intellectual property owners. Part 2 In the contemporary cyberspace and it world, the traditional copyright law has not been sufficient to protect intellectual property right in the face current development of computer and
The WIPO Copyright Treaty significantly takes on some of the elements of the Berne Convention. For patens and other industrial property protection treaties, there are similar challenges in attempting to create a common denominator among the different national legislations. From this point-of-view, the Paris Convention takes over some of the roles fulfilled by some of the previously mentioned conventions. As a multilateral convention, it is important to create a minimum
Intellectual Property for Pre-Owned Boat Sales Boat World plans on selling pre-owned boats purchased in Florida to newly emerging yachting, jet-ski, and small boat enthusiasts in Saudi Arabia. Given the demand for cheaper alternatives to new jet skis, boats, and cruisers/yachts that exists in the country and the relative lack of any supplier or retailer meeting this demand, it is believed that such a business venture will be highly profitable. Unfortunately,
Intellectual property can be a difficult concept to define because, at its heart, it describes property rights to intangible things, such as creations of the mind. Because this involves concepts rather than physical property, for years the courts and legal system did not extend property protection to these types of creations. This can be further complicated by the fact that some intellectual property has a physical, or tangible, component. For
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