Commercial Rights Research Articles

PATENT PORTFOLIO MANAGEMENT: ISSUES AND OPPORTUNITIES

Patent is a very assuring yet delicate right. The commercial monopoly it brings along with itself is strong enough to attract inventors and investors in creation of new inventions but the legal aspects of a patent needs smart and efficient management to protect the invention and make it capable enough for the grant of patent. This process is called patent portfolio management and goes hand in hand with each step of the product development. Being a commercial right, it is very important to package the patent attractively and smartly so that it not just protects itself from infringement but also appeals well to the relevant consumer market. This management can be done by patent portfolio managers who must carry knowledge of multiple disciplines like IP Analysis, Data Mining and IP Database Management with themselves. This is a new emerging field that holds great potential for new professional and also assists inventors in protecting their invention at every stage of product development. This paper explains the process and various phases of Patent Portfolio Management and the related aspects in detail and also the challenges involved.

Classifying the Main Technology Clusters and Assignees of Home Automation Networks Using Patent Classifications

Home automation technologies are a vital part of humanity, as they provide convenience in otherwise mundane and repetitive tasks. In recent years, given the development of the Internet of Things (IoT) and artificial intelligence (AI) sectors, these technologies have seen a tremendous rise, both in the methodologies utilized and in their industrial impact. Hence, many organizations and companies are securing commercial rights by patenting such technologies. In this study, we employ an analysis of 8482 home automation patents from the United States Patent and Trademark Office (USPTO) to extract thematic clusters and distinguish those that drive the market and those that have declined over the course of time. Moreover, we identify prevalent competitors per cluster and analyze the results under the spectrum of their market impact and objectives. The key findings indicate that home automation networks encompass a variety of technological areas and organizations with diverse interests.

상가권리금계약서 작성 권한에 대한 고찰

As to whether it is a violation of the “Licensed Administrative Agent ACT” for a licensed real estate agent to prepare a commercial rights contract, the Suwon District Court's Seongnam Branch sentenced on November 11, 2022 Godan 577 stipulates as follows. ① Preparing a consulting contract for the transfer of daycare centers corresponds to a premium contract, and preparing a premium contract corresponds to a “document on rights obligations or proof of facts,” which violates the Licensed Administrative Agent ACT. ② The act of mediating a premium contract and preparing a premium contract does not constitute an intermediary act stipulated in the Licensed Real Estate Agents ACT, so the act of mediating a premium contract and preparing a premium contract violates the Licensed Administrative Agent ACT. ③ If the premium contract and the lease transfer contract are inseparable, it is difficult to conclude that both contracts are inseparable from one contract. ④ These Defendants' actions do not constitute a mistake in the law. However, a premium contract is a contract that must be accompanied by a lease contract, is inseparable from a lease contract, and is effective only when both the premium contract and the lease contract are fulfilled, and the other contract is canceled, invalid, or canceled. Therefore, considering that the preparation of premium contracts is one of the tasks of many licensed real estate agents accompanying lease contracts, premium should be recognized as an object of brokerage, and to clarify this, the Enforcement Decree of the Certified Real Estate Agents Act needs to be revised.

Challenges and Opportunities for the Protection of Labour Rights of Transnational Corporations: The Case of Developing Countries

In recent years, with the globalisation and liberalisation of trade, an increasing number of multinational corporations have been operating in developing countries. While promoting the economic development of developing countries, it has also triggered a series of human rights violations. Therefore, strengthening the protection of human rights for multinational corporations in developing countries is one of the current hot issues in international commercial law and human rights protection. Against this background, the international community has adopted a series of measures, such as the UN Global Compact, the OECD's Code of Conduct for Multinational Enterprises and the ILO's Declaration of Fundamental Principles and Rights, to protect the human rights issues of transnational corporations in developing countries. However, the effectiveness of these measures is still controversial, while further improvements are needed in practice. Therefore, this paper will use the method of case study to analyse the current problems of labour human rights abuses of transnational corporations in developing countries and put forward its own thoughts on how to strengthen the accountability of transnational corporations with respect to the protection of human rights, with a view to conducting a more in-depth analysis and reflection on the interaction between international business law and human rights protection.

Directions for improving the status of startups in the technology transfer system

The object of this paper is the study of the existing organizational forms of startups and the assessment of their compliance with the tasks of technology transfer. It has been established that existing approaches to understanding startups do not meet the needs of technology transfer. The feasibility of improving their legal status is substantiated. Directions for improving the form of a startup in the field of technology transfer have been formed. The following are proposed as the characteristic features of startups in the field of technology transfer: having the status of a business entity, meeting the requirements of a production and commercial entity, having technology or rights to technology, or performing work on its creation. The need to change the provisions of the Framework Program for research and innovation "Horizon Europe" by introducing a separate category of startups in the field of technology transfer is substantiated. Their definition as autonomous small (medium-sized) enterprises at an early stage of their life cycle is proposed. As such, created as a division of a university or research institution, and carrying out production commercial activities and owning the rights to technology or aimed at new technologies or scaling existing business models based on them. A universal legal construction of a startup in the field of technology transfer is proposed, which can be used in national legislation. Under it, it is proposed to understand a business entity, created recently, with the purpose of carrying out production activities and obtaining profit, based on the realization of the appropriate right to technology. The research is aimed at forming directions for improving the legal status of startups. The research results can be used in the formation of international normative acts, to regulate these relations and serve as a basis for further scientific research

Patents and Pandemic: A Balance Between Public and Commercial Rights

Patents and Pandemic: A Balance Between Public and Commercial Rights

Disruptions and Corporate Human Rights Responsibility

This article aims to examine the question of how and to what extent business entities can balance the necessities of making business profits and performing social responsibilities in spite of various disruptions encountered in a pandemic. How and to what extent should their social and human rights responsibilities be managed during the COVID-19 pandemic or a similar crisis? The relevance of these questions arises from the fact that while the main purpose of business is to make profits while providing goods, services, jobs, and sources of income to many people, various disruptions arising from policy responses to the COVID-19 pandemic have been posing very serious challenges to business management practices, profitability, and sustainability. These challenges may force businesses to compromise on their social and human rights responsibilities to affected stakeholders for the sake of preserving their commercial responsibilities to their shareholders. This article argues that efforts to ensure effective performance for a balanced approach between commercial responsibilities and human rights responsibilities require a corporate organizational culture that takes human rights risks as seriously as commercial risks. This means there must be an organizational attitude that maintains an unwavering commitment to respect human rights while doing business. In practice, this organizational attitude should be manifested through a clear indicator of its commitment to both “know and “show” human rights responsibilities by way of embedding human rights policy and due diligence procedures into corporate culture. 
 
 Keywords: Corporate human rights due diligence, disruptions, COVID-19, Pandemic, Business dilemma

Role of ethics in global business

Man wants success, since the success of a person in personal, professional, and social life depends on his patterns of communication behavior, the correction of these patterns also plays an essential role in achieving success.Success is achieved in the light of man's right and easy connection with himself and others; Because people are constantly interacting with themselves and others. Man is a social being and today, with the amazing development of societies, globalization,Individuals interact with a multitude of different organizations, and this has significantly complicated the relationship of individuals with each other and with organizations and the interrelationship of organizations with each other.Despite these complexities, everyone wants easy and correct communication with each other; Because they find comfort and tranquility in its light. This article seeks to examine the role of professional ethics in business, the history of business ethics in the world, the principles and foundations of business ethics and the views of thinkers, fair and unfair business practices, ethical guidelines on commercial advertising, consumer rights and ethics In production, globalization and business ethics, social marketing and its relationship with ethics, business ethics, and intellectual property rights, definitions of moral values, fair or just trade, ethical charters, and their codification circumstance business ethics terminology, international organizations active in the field of professional ethics.

Extraordinary Patent License

Moral rights represent a middle stage between personal rights and rights in rem, as they take some of the characteristics of these and those, and can not be considered absolutely within any of these groups, and these rights constitute a group of elements represented by innovations and other industrial and commercial rights, such as patents, industrial models and marks What separates these rights and rights in kind is that they do not remain monopolized by their owner throughout the period of legal protection assigned to them. Rather, the essence of these rights is to benefit others from them despite the fact that their ownership remains at the disposal of the owner, as the law imposes on the owner of the patent to grant the license to others. By benefiting from the invention within a certain period of granting the patent for the purpose of the public interest. If he refuses to license with consent, the legislator intervenes by granting a license against his will and with the knowledge of the public authority in order to achieve the interest of the group, all without prejudice to the rights of the patent owner in terms of ownership and in return for that license within a certain period of time Under the so-called exceptional license patent.

Forest Governance Effectiveness of Community- and Government-managed Forests in Cameroon

Effective implementation of forest governance principles such as transparency, participation, accountability, coordination, capacity, user rights protection and security driven by positive government interventions are instrumental for sustainable forest management. The study used satellite-derived data to explore forest loss in community forest (CF) and government-managed forest in Cameroon from 2001 to 2014. The study also examined the extent to which community forest rights are legally recognised and protected and how government interventions undermine or promote CF management effectiveness in Cameroon. The rationale was to understand the forest outcome of different forest management approaches with varied user rights and management objectives. This is considering that community forest managers have been seen as better managers of forests than government agencies, if their full rights are well recognised and protected. We used semi-structured open-ended questionnaires, followed by focus group interviews with CF management institutions and document review for data collection. Forest loss showed significant increasing trends and was higher in CF than in other forest management types from 2001 to 2014. Stakeholder perceptions of CF rights and government intervention or actions varied between CF management institutions. Community forest rights such as rights to full ownership and control, full management, unlimited duration, alienation, and due process and compensation are not legally recognised and/or protected in community forestry in Cameroon, producing negative forest outcomes. Negative government interventions such as imposing excessive bureaucratic obstacles and initial financial investment in the processing of application files for CF applications and commercial user rights of timber harvesting, colluding with local elites, individuals and corrupt municipal and administrative authorities, and retaining full administrative ownership and control of CF land and resources, also produces negative forest outcomes. The non- recognition and protection of higher level CF rights and excessive negative government interventions in CF management contributes to undermining community’s willingness and readiness to prevent deforestation activities and voluntary engagement in conservation activities involving tree planting and management for long term community benefits. Therefore, recognising, strengthening and protecting all the CF rights proposed by the Rights and Resources Initiative and avoiding negative government interventions in CF management are helpful strategies in achieving the expected conservation and local development objectives of CF in Cameroon and in the Congo basin region.

Global Health Jurisprudence: COVID-19 Pandemic and Pharmaceutical Patents

The onslaught of the COVID-19 pandemic has claimed millions of lives across the globe, and since its emergence, it has brought to the fore the urgency of addressing public health issues from a global perspective. Notwithstanding the calls for collective action and ambitious global initiatives launched under the aegis of the World Health Organization (WHO), the search for effective new drugs and vaccines and their equitable and affordable access remain captive to the contentious issue of balancing the commercial (intellectual property) rights of the medicine manufacturers and the basic right to health of the vast majority of humankind. There has been a divide among the governments of the developed and developing countries as they jockey to seek trade concessions and intellectual property (IP) waivers in multilateral Trade-Related Aspects of Intellectual Property Rights (TRIPS) forums to ensure affordable treatment for their population. Neither the multilateral trade talks nor the parallel global initiatives, especially the ambitious COVID-19 Technology Access Pool (C-TAP) project, has made the promised progress, thus showing that the ground reality is a far cry from the appealing ideas of global solidarity. The pandemic continues to take its toll; calls for a global response to global challenges are getting louder and shriller by the day. The present study attempts to trace the history of collective action in the realm of public health from the social and commercial perspectives. It is to seek a globalized approach to global health issues within the framework of distributive justice. It is observed that the present global framework found a sound economic sense with little scope for global health jurisprudence.

Women\u2019s work on small change: privately issued currency by women in mid-17th century London

This paper focuses on privately issued currencies by women in mid-17th century London. These currencies appeared across England as part of a large wave of minting which began during the English Civil War as a result of severe shortages of low value coinage (‘small change’), used for purposes of petty trade. In London alone over 4200 tradesmen and businesses issued tokens, only around 140 of these issuers were women. The tokens are a rare visual and material source on the daily life of working women and their self-representation. By contextualizing the issuers’ occupations and token designs within the history of women’s legal status, this paper will demonstrate that token issuers were likely not under the status of married women. The paper examines who these women issuers were, their occupations, and the legal status that enabled them to become independent active agents within the new commercial sphere of tokens. The paper will demonstrate that the artifact of tokens issued by women is extraordinary within the phenomenon, though the line of work these women did was not unique in the period. The ability of women to represent themselves on a token was likely a direct result of their legal status and the commercial rights it entailed.

The Ocean Genome Legacy: A Genomic Resource Repository for Marine Life.

The Ocean Genome Legacy: A Genomic Resource Repository for Marine Life.

상가권리금 결정요인에 관한 연구 - 서울시 상가 통상임대료를 중심으로 -

This study aims to empirically present variables that influence the determinants of Retail’s Goodwill in major commercial districts in Seoul. The data used in this study were constructed based on 2,433 data from the "2020 Seoul-type Ordinary Rental Fee Survey" for 7,500 stores selected in consideration of the core streets of major commercial districts in 2020. Unlike the previous year, in this study, the deposit and monthly rent items were replaced based on Ordinary Rental Fee, and data were constructed by converting all expenses into the amount per unit area. The summary of the results of this study is as follows. In 2020, the average premium for major shopping malls in Seoul is 1.2138 million won/㎡, and the average rent is 60.8 thousand won/㎡. According to the analysis results, commercial rights had the highest positive (+) correlation with ordinary rent at +0.418, and the highest negative (-) correlation with the exclusive area at -0.175. In other words, the higher the normal rent per square meter, the higher the commercial right, and the higher the exclusive area, the lower the commercial right. The average monthly sales, facility investment costs, and presence or absence of parking lots had a major positive (+) correlation with commercial rights, and whether or not there was an independent street store from a subway station had a major negative (-) correlation. This study proves that the Ordinary Rental Fee survey of Seoul is the biggest factor in determining the determinants of commercial property rights and proves that it is a suitable calculation method for the Ordinary Rental Fee. It will help you figure out the amount.

Balancing Trade Secrets and Right to Information in Tenders: A Judicial Study

There has existed a long debate regarding the balance of right to information of every individual versus the commercial rights of businesses to protect their proprietary information. While proprietary information and trade secrets have been given protection under the RTI Act, 2005, there exists controversy regarding the protection of trade secrets due to its vague presence in the Indian legal system. Trade secrets does not have any statutory protection in India. The concept has evolvedthrough judicial precedents which has left a huge room for interpretation and confusion regarding the laws surrounding the concept. Trade secrets on the other hand have been recognised as an exception for not revealing information under Right to Information Act, 2005. This article focuses on the matter of tenders in light of right to information and trade secrets. It articulates the courts’ approach on how they view and balance adjudication of trade secret and RTI. The issue arises when in tenders, the information provided in the bids becomes public documents which if made available to competitors can cause irreparable damage to businesses. The article deals with three issues namely, what information has been considered as a trade secret while exempting revelation, how the courts have treated the two parts of a tender i.e. Technical Bid and the Financial Bid and, finally it highlights certain patterns and principles that the courts have uniformly followed while deciding how to consider and allow revelation of such confidential information namely, “Fiduciary Relationship, Public interest, Pre and Post Award of Contract and Vexatious Applications”.While discussing the above issues the courts have further set up some considerations to be taken care of while dealing with each issue which has been discussed at length in this article. Therefore the research questions which the paper addresses are as follows:i. How do courts deal with the issues related to trade secrets and confidential information while issuing information of tenders?ii. What patterns and principles have the courts uniformly followed while deciding how to consider and allow revelation of such confidential information?Finally, the author has given suggestions on how to fill the gaps and overcome practical inefficiencies.

Science, Innovation, and Society in the Age of Pandemics: Reflections From the Inaugural Sir Alasdair Breckenridge Lecture.

Science, Innovation, and Society in the Age of Pandemics: Reflections From the Inaugural Sir Alasdair Breckenridge Lecture.

Who Owns Space?

Space mining is no longer a figment of fringe science fiction. Due to the recent passage of the Space Resource Exploration and Utilization Act of 2015 (SREU Act), U.S. domestic space companies now have a semblance of legislative backing to launch commercial resource acquisition ventures in space. Previously, such companies floundered as capital from investors was reasonably sparse. Uncertainty created by the previously untested Outer Space Treaty (OST) perpetuated worry surrounding the existence of private property rights in space. With the passage of the recent SREU Act, many domestic worries were dismissed by the definitive granting of commercial property rights to U.S. citizens, yet equally many worries continue to surround the legitimacy of the SREU Act itself, as certain legal experts both inside and outside the U.S. argue the Act to be a violation of U.S. international obligations.
 In contrast to the OST, the SREU Act explicitly grants Americans the right to hold and obtain material resources from celestial bodies such as asteroids and minor planets. This paper examines the implications of such a legal gray area by examining the extent to which select clauses of the OST may or may not conflict with such definitive legislation. Ultimately, it is concluded that the issue is far from settled, as the existence of celestial property rights may not presently be as clear as investors might hope.

ANYONE FOR A GAME OF MONOPOLY™?* A CRITICAL EVALUATION OF THE EVERINCREASING COMMERCIALIZATION OF MAJOR SPORTING EVENTS PART 1: AN OVERVIEW OF AMBUSH MARKETING IN SPORT

This is the first part of a three-part article which critically evaluates the everincreasing trend of commercial monopolization of major sporting events by sports governing bodies and their commercial partners such as sponsors. This first part of the article will provide a background description of the various forms of protection against ambush marketing of events, as an area where such increased calls for the creation and ring-fencing of commercial rights to events have been (and remains) at the forefront. The second part of the article will evaluate the legitimacy of such protections (especially in the form of special legislation) critically in the context of such commercial monopolization, with reference to constitutional, intellectual property and competition-law arguments in the South African context, and will conclude with some observations regarding current developments elsewhere.

ANYONE FOR A GAME OF MONOPOLY™?* A CRITICAL EVALUATION OF THE EVERINCREASING COMMERCIALIZATION OF MAJOR SPORTING EVENTS PART 2: EXAMINING THE LEGITIMACY OF THE CREATION AND MAINTENANCE OF COMMERCIALLY-DRIVEN MONOPOLIES IN SPORTS EVENTS

This is the second part of an article published in three parts that critically examines the commercial monopolisation of sporting mega-events such as the FIFA football World Cup, and of commercial rights protection of such events. The first part of this article contained mainly a descriptive overview of ambush marketing and of the legal and other measures available to event organisers and sponsors to combat such practices. This second (and the forthcoming third) part of the article will continue to critically evaluate the legitimacy of a prime source of protection for these commercial actors, namely anti-ambush marketing legislation, with a specific focus on the SouthAfrican jurisdiction and the 2010 FIFA World Cup South Africa.

Values-Based Scenarios of Water Security: Rights to Water, Rights of Waters, and Commercial Water Rights

AbstractAlthough a wide body of scholarly research recognizes multiple kinds of values for water, water security assessments typically employ just some of them. In the present article, we integrate value scenarios into a planetary water security model to incorporate multiple water-related social values and illustrate trade-offs among them. Specifically, we incorporate cultural values for environmental flows needed to sustain ecosystem function (rights of waters), the water requirements of a human right to food (rights to water), and the economic value of water to commercial enterprise (commercial water rights). Pairing quantitative hydrological modeling with qualitative systems of valuing, we suggest how to depict the available water for realizing various combinations of the values underlying those rights. We account for population growth and dietary choices associated with different socioeconomic pathways. This pluralist approach incorporates multiple kinds of values into a water security framework, to better recognize and work with diversity in cultural valuation of water.