...EXECUTIVE SUMMARY The purpose of this report was to analyze the conflict of intellectual property between both pharmaceutical research firms located in New Zealand and Venezuela. Specific objectives were to identify whether there exists any agreement on Intellectual property agreement between Venezuela and New Zealand, determine if the conference paper constitutes a piece of intellectual property and determine how to handle the situation with the two employees. Research found that New Zealand and Venezuela are parties to various international agreements. The report makes recommendations on what step to take should the firm be guilty of intellectual property infringement, dealing with the two employees involved in the research and putting a process in place to avoid such occurrence. In addition the report recommends re-circulating of the non disclosure agreement and the firm's contract of employment around the organisation to be read and signed again by all employees. INTRODUCTION Intellectual property rights are the rights given to people over the creations of their minds; inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Intellectual property relates to items of information or knowledge, which can be incorporated in tangible objects at the same time in an unlimited number of copies at different locations anywhere in the world. Intellectual property rights are also characterized by certain limitations, such as limited duration...
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...Allison Morein BA 446 November 27, 2013 Mr. Drell Intellectual Property Since the beginning of time people have put their knowledge and creative to use to design all sorts of products. Since then, the creators have worked to protect their creations and ideas from others who want to take them. Creators have gone to great measures to protect their works. One famous, extreme case of this is of Shah Jahan, the emperor who built the Taj Mahal. Folklore has it that the emperor had the hands of his craftsmen cut off so that they could never create another monument such as that one. In today’s world we have laws to protect all types of intellectual property. Intellectual property is divided into four parts: patents, copyrights, trademarks, and trade secrets. A patent is defined as a government authority to an individual or organization conferring right or title, especially the sole right to make, use, or sell some invention. It grants property rights on inventions and excludes those other than the patent holder from making, selling, or using the invention. There are three types of patents: utility, design, and plant. A utility paten is the most common type and covers any process, machine, article of manufacture, or composition of matter. A design patent covers any new, original, and ornamental design for an article of manufacture. A plant patent covers any new variety of asexually produced plant. A design patent lasts 14 years while a utility or plant patent lasts 20 years...
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...------------------------------------------------- Implementation in developing countries Chapter II * What are intellectual property rights? * Geographical indication * Early agreements –History * Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) * ------------------------------------------------- Marketing * International trade * SECTION 3: GEOGRAPHICAL INDICATIONS Art. 22, 23, 24 Protection of Geographical Indications * Industrial design right * SECTION 4: INDUSTRIAL DESIGNS Article 25 * SEC 7: PROTECTION OF UNDISCLOSED INFORMATION Article 3 Chapter III * CONCULSION BILOGRAPHY & WEBOLOGY Chapter I GATT * WTO * TRIPS* The General Agreement on Tariffs and Trade (GATT) was a multilateral agreement regulating international trade. According to its preamble, its purpose was the "substantial reduction of tariffs and other trade barriers and the elimination of preferences, on a reciprocal and mutually advantageous basis." It was negotiated during the United Nations Conference on Trade and Employment and was the outcome of the failure of negotiating governments to create the International Trade Organization (ITO). GATT was signed in 1947 and lasted until 1994, when it was replaced by the World Trade Organization in 1995 In 1993, the GATT was updated (GATT 1994) to include new obligations upon its signatories. One of the most significant changes was the creation of the World Trade Organization (WTO)...
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...grounds. Pharmaceutical patents on Anti-AIDS drug availability in the third world countries, focusing on an ethics of the Trade Related Aspects of Intellectual Property Rights (TRIPs) Agreement. It highlights the value of essential drugs and generic production in developing countries, using India, Cipla as a case study. It also explores global ways to deal with unethical grounds to TRIPs. History of Cipla, Indian Pharmaceutical Company Cipla is one of the world's largest producers of generic medicines.Cipla is one of India's top five pharmaceutical manufacturers. Although Cipla's primary market is India, the company sells its products worldwide. Cipla's lines of more than 400 drugs include anti-asthmatic, anti-cancer, anti-inflammatory, anti-depressant and anti-AIDS medications. Over the years, the company has developed strong research and marketing capabilities. In recent times, Cipla has attracted considerable media attention because of its efforts to offer AIDS drugs globally at very low prices. But in its quest to capture this market, Cipla faces the might of global multinational corporations, who are doing all they can to protect and enforce their patent rights. The case deals with all these issues in detail. World Trade Organization’s (WTO) The World Trade Organization’s (WTO) Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which extends the...
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...Competition Law and Intellectual Property Rights with Special Reference to the TRIPS Agreement Research Paper for the Competition Commission of India February-March 2010 Eashan Ghosh V Year, B.A. LL.B. (Hons.) National Law School of India University, Bangalore TABLE OF CONTENTS §1 THE IPR AND COMPETITION LAW INTERFACE_____2 §2 TYPES OF RESTRAINTS_____3 §3 COMPETITION LAW REGULATION OF IPRs ACROSS JURSIDICTIONS_____4 §3.1 Europe_____4 §3.2 US_____4 §3.3 Other Jurisdictions_____5 §4 THE TRIPS AGREEMENT_____5 §4.1 Article 7_____6 §4.2 Article 8.2 _____7 §4.3 Article 40_____7 §4.4 Article 6_____10 §4.5 Article 31_____11 §5 WHAT STANCE SHOULD DEVELOPING COUNTRIES TAKE?_____12 §6 ADDRESSING THE IPR AND COMPETITION LAW INTERFACE IN INDIA_____14 §6.1 Through Domestic Legislation_____14 §6.2 At International Fora_____15 §7 ENDNOTES_____17 BIBLIOGRAPHY_____29 Primary Sources_____29 Secondary Sources_____32 1 §1 THE IPR AND COMPETITION LAW INTERFACE The simple hallmark of competition law is the protection of those principles and practices which enable the efficient functioning of markets.1 A natural concomitant to this objective is making certain that incumbent enterprises do not engage in anticompetitive practices to the detriment of the market.2 However, the application of competition law standards—in terms of practices that should be banned outright, viewed as potentially anticompetitive or should be investigated further—varies widely across jurisdictions.3 The interaction...
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...University of Connecticut. This article received the Holmes-Cardozo Award for Outstanding Submitted Conference Paper as well as the Ralph J. Bunche Best Paper Award at the Academy of Legal Studies in Business Annual Meeting, Indianapolis, IN, August 2007. Our thanks for comments and support go to Jayashree Watal, Peter Yu, Douglas Lippoldt, and the other participants at the University of Connecticut’s Center for International Business Education and Research Conference, ‘‘The Impact of Intellectual Property Rights on Innovation, Knowledge Diffusion, and Foreign Direct Investment in the Global Economy,’’ Storrs, CT, May 2007. Additional thanks to Anthony Kwasnica and Larry Cata-Backer for helpful comments. nn Associate Professor of Business Law, Smeal College of Business, The Pennsylvania State University. My research was supported by funding from the 2007 Smeal Competitive Research Grants Program. 1 The term ‘‘compulsory license’’ can refer to any compelled relaxation of an intellectual property owner’s right to exclude in exchange for a licensee’s...
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...society as a result of protection through patents. We will look at both sides objectively – the side of the inventor who has been granted exclusive rights to his/her invention and the other side – whether patents can deny basic social rights such as health to society. As we move further, we will look to understand a global framework (TRIPS) that provides guidelines on intellectual property regulations, the issue of compulsory licenses used by governments to circumvent patent protection and critically analyze specific cases where issuing compulsory licenses may be the need of the hour. What is TRIPS? TRIPS or Trade Related Aspects of Intellectual Property Rights is an agreement administered by the World Trade Organization (WTO). The agreement covers the following broad issues with respect to regulation of intellectual property (IP): • Basic principles that apply to intellectual property rights agreements • Protection to intellectual property rights • enforcement of intellectual property rights across member nations • settling disputes related to intellectual property rights between member nations A key objective of TRIPS is to provide a common set of international rules or guidelines to ensure protection of patents around the world. TRIPS is unique because it binds any country to its system of intellectual property protection if that country wants to participate in international trade through the WTO. Membership in the WTO requires adherence to TRIPS. Doha...
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...WHO WE ARE: As a “hard Intellectual Property” law firm, Sherman Zarrabian LLP (SZ) specializes in the prosecution of patent applications, trademark applications, and copyright applications, as well as the licensing and litigation of patent, trademark, copyright and trade secret matters and transactions involving our clients and their business models. We strive to create legal strategies that protect your market, your business and your intellectual property assets. Our attorneys are required to have backgrounds in the hard sciences such as Electrical Engineering, Computer Science and Applied Mathematics and to be experts in their fields. In support of our experienced professionals, we have a team of highly trained and experienced paralegals...
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...Loyola Law School (Los Angeles) Legal Studies Paper No. 2005-18 August 2005 Facilitating Compulsory Licensing under TRIPS in Response to the AIDS Crisis in Developing Countries Professor Hans Henrik Lidgard Professor Jeffery Atik This paper can be downloaded without charge from the Social Science Research Network (SSRN) electronic library at: http://ssrn.com/abstract=794228 FACILITATING COMPULSORY LICENSING UNDER TRIPS IN RESPONSE TO THE AIDS CRISIS IN DEVELOPING COUNTRIES Hans Henrik Lidgard and Jeffery Atik1 Abstract The AIDS crisis in the developing world has become a priority for international collaboration. The challenge is to find a balance between the acknowledged need to protect large investments expended in developing new medicines and the goal of providing essential medicines to poor countries. Patent protection must prevent undue infringement yet at the same time allow solutions to humanitarian needs. Is compulsory licensing a way out? TRIPS originally restricted compulsory manufacturing licenses to the country experiencing a public health emergency – which was of little utility to countries lacking manufacturing capacity. The Doha agreement effectively permits twinned compulsory licensing – a distribution and use license in countries experiencing a public health emergency and a manufacturing-for-export license in countries possessing appropriate manufacturing capacity. These changes make possible, at least in principle, a greater source of supply of generic pharmaceuticals...
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...Pharmaceutical pricing The new drugs war Patents on drugs are in the interests of the sick as well as the industry. Protection should not be weakened Jan 4th 2014 | OF ALL the goods and services traded in the market economy, pharmaceuticals are perhaps the most contentious. Though produced by private companies, they constitute a public good, both because they can prevent epidemics and because healthy people function better as members of society than sick ones do. They carry a moral weight that most privately traded goods do not, for there is a widespread belief that people have a right to health care that they do not have to smartphones or trainers. Innovation accounts for most of the cost of production, so the price of drugs is much higher than their cost of manufacture, making them unaffordable to many poor people. Firms protect the intellectual property (IP) that drugs represent and sue those who try to manufacture and sell patented drugs cheaply. For all these reasons, pharmaceutical companies are widely regarded as vampires who exploit the sick and ignore the sufferings of the poor. These criticisms reached a crescendo more than a decade ago at the peak of the HIV plague. When South Africa’s government sought to legalise the import of cheap generic copies of patented AIDS drugs, pharmaceutical companies took it to court. The case earned the nickname “Big Pharma v Nelson Mandela”. It was a low point for the industry, which wisely backed down. Now arguments over drugs...
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...and ovarian cancer. Patents for these genes are held by Myriad Genetics, an American company, which has granted Genetic Technologies exclusive rights to BRCA1 and BRCA2 testing in Australia. In 2002-3, and again in 2008, Genetic Technologies sought to enforce its rights in relation to the BRCA genes in Australia, including through demands that public hospitals and other laboratories cease to offer the tests. Genetic Technologies later withdrew these demands. However, the episode prompted the establishment of a Senate Community Affairs Inquiry into Gene Patents in 2008 (following an earlier report from the Australian Law Reform Commission in 2004), as well as legal action initiated by Cancer Voices Australia and Yvonne D’Arcy. In 2010, a private member’s bill was introduced into the Senate (the Patent Amendment (Human Genes and Biological Materials) Bill 2010) to prevent the patenting of human genes and biological materials existing in nature. A Senate Inquiry was also established to consider this bill. The Senate Inquiry into Gene Patenting reported in 2010 and made 16 recommendations, none of which specifically aimed to ban gene patenting. In 2011, the Inquiry into the Patent Amendment Bill recommended that the bill should not be passed, noting that some of the issues raised in the Inquiry would be addressed by the Intellectual Property Laws Amendment (Raising the Bar) Act 2012, which was passed in March 2012. It made amendments that aimed to, among other things, raise patent...
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...probably the best protection for the source code of a computer program. It simply requires that you take reasonable efforts to kept the source code secret, such as having agreements to keep it secret from everybody who has access to the source code. There are no formalities, such as filing with a government agency which is required. 1. Patents A patent is a government-awarded license that grants the inventor of a product or process exclusive rights to its manufacture, use or sale for a specified time period. As a condition of the patent, the inventor agrees to disclosure. However, although it is possible for others to examine the details of the patent, it is illegal to copy the product or process. 2. The five principle rights for the owner of a copyright are: 1. The right to reproduce the copyrighted work. 2. The right to distribute copies of the work to the public. 3. The right to display copies of the work in public. 4. The right to perform the work in public. 5. The rights to produce new works derived from the copyrighted work. Copyright Violations of a copyright laws is copying a program onto a CD to sell to someone else, preloading a program onto the hard disk of a computer being sold, distributing a program over the internet, and when a company attempts to create software that competes with an existing product. Franklin Computer Corporation manufactured the Franklin ACE to compete with Apple 11. The Franklin ACE...
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...MIP Course. Week 2. LEGAL PRINCIPLES OF IP LAW Written Law To be a law, it has to be written. Presumption of innocence (not like in US) Case Law Case that happened before, and to which we are referring. It is a reported decisions. Jurisprudence. Every product has some patent, copyright or trade mark or IP protection. Even a vacuum. Patent (=brevet) It protect the concept of the construction of the article. Has to have: novelty, industrial steps, and has to have a commercial aim. Duration: 20 years. You have to reapply for it, or invent a new thing. It is a short-term monopoly. It is a negative right: to prevent other people to use it. Trade marks (=marques) Mickey Mouse was allowed an extension of its copyright by lobbying the US. So the firm was really powerful. * What is a trade mark? Symbol that can be a design, logo, words, colour, smell, sound. It is the mark of the maker. Trade mark is about goodwill towards the customer, to help them recognise the product they want. We cannot call something Champagne when it does not come from this region in France. * When did it appear? 1986: first registry trade mark. It is an old protection. * How can you protect your trade mark? You can register it at the IP Office. But if it becomes a work in the common usage, you cannot protect it anymore (Hoover, Kleenex, Aspirin). Sometimes, you find 2 same trademarks. But it is okay because they are in two different classes (two different sectors in the industry)...
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...under no obligation to extend protection to a particular geographical indication unless that geographical indication is protected in the country of its origin. Prior to 2003, India did not protect geographical indications of Indian origin. In order to comply with India's obligations in the TRIPS Agreement, it enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999, which came into force with effect from 15th September 2003. The present geographical indications regime in India is governed by the Geographical Indications of Goods (Registration & Protection) Act, 1999 and the Geographical Indication of Goods (Regulation and Protection) Rules, 2002. By registering a geographical indication in India, the rights holder can prevent unauthorized use of the registered geographical indication by others and promote economic prosperity of producers of goods produced in a particular region. Registration of the geographical indication in...
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...change especially in business means success. Of course nothing comes easy and there are not only many changes that are implemented but legal issues that must be sorted out. E - Business deals with much more than just selling, there are contracts, negotiations, etc. Many people feel that E - Business not only has a major impact on the way we do business but will dramatically change the way we do business. There are many different problems and laws pertaining to E-business that cause problems. It seems as if more and more there tend to be problems surrounding copyrights, trademarks, patent, and domain names. Litigation is one of the tools used to value the intellectual property of the client. To be able to work effectively at understanding the law one has to understand the grounds surrounding the right to property. E-business laws include; Trademark and patent laws; Consumer protection laws (if you plan to sell online goods/services); Licensing laws and taxation laws. When dealing with an E-business a good move would be to appoint a team of qualified people to do...
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