Recognition Of Intellectual Property Rights Research Articles

20 years later: what has changed in the Brazilian seed market with the Plant Variety Protection Law

We propose to analyse the restructuring of the seed market in Brazil in the face of the recognition of intellectual property rights, by Law no. 9,456/1997, analysing the repercussions of this in the last 20 years. It can be inferred that it changed the model of technology generation in the field of seed production. There was a restructuring of the seed market, an increase in the number of institutions and companies, public and private, national and foreign, as well as increased partnerships between these companies. The intensification of competition has translated into benefits for farmers in general - who had access to a more diversified supply of seeds. This scenario allowed Brazil to become a world power in agribusiness, in view of the fact that significant increases in production and productivity were achieved.

Private international law issues of intellectual property: The online dimension in Belarus

The main peculiarity of intellectual property rights in the domain of private international law rights is rooted in the territorial character of these rights. Territoriality complicates the process of applying conflict of laws rules, recognition of foreign courts’ judgements and arbitral awards and operation of other mechanisms of private international law in respect of intellectual property. Intellectual property relations on the Internet are immanently international in their nature. They usually include the so-called “foreign element,” which launches the mechanisms of private international law. At the same time, the specifics of the online environment and the complexity of solving the conflict of laws of intellectual property due to its territoriality outline a frame of legal research. The main challenges are connected with the possibility, expediency and specificity of the application of mechanisms of private international law to intellectual property relations on the Internet. The principle of territoriality of intellectual property is strictly understood in the legal system of the Republic of Belarus. Application of foreign laws on intellectual property and recognition of intellectual property rights based on them demand profound legal justification, and in the majority of cases are hardly possible. The article illustrates reasons to revise this approach in relation to intellectual property in general and intellectual property on the Internet in particular. The author suggests methods for a gradual transition to the flexible understanding of the territoriality of intellectual property and incorporation into the Belarusian legislation of new material and conflict of laws rules.

Recognition of Intellectual Property Rights as a Fragment of the Right to Property in 21st Century Africa: A Necessity or a Luxury?

Recognition of Intellectual Property Rights as a Fragment of the Right to Property in 21st Century Africa: A Necessity or a Luxury?

20 years later: what has changed in the Brazilian seed market with the Plant Variety Protection Law

We propose to analyse the restructuring of the seed market in Brazil in the face of the recognition of intellectual property rights, by Law no. 9,456/1997, analysing the repercussions of this in the last 20 years. It can be inferred that it changed the model of technology generation in the field of seed production. There was a restructuring of the seed market, an increase in the number of institutions and companies, public and private, national and foreign, as well as increased partnerships between these companies. The intensification of competition has translated into benefits for farmers in general - who had access to a more diversified supply of seeds. This scenario allowed Brazil to become a world power in agribusiness, in view of the fact that significant increases in production and productivity were achieved.

Exploring the effect of venture capital development on innovation performance of knowledge-based companies

Considering the fact that the emergence of science and technology parks has made inactive areas into the most industrial centres, the present study was conducted to examine the effects of venture capital development on innovation performance of knowledge-based companies established in science and technology parks. Accordingly, two researcher-made questionnaires were designed and their validity and reliability were measured. Then, employees and managers of active firms in the Pardis Technology Park (PTP) (Tehran) confirmed that the dimensions of venture capital development (i.e., development of entrepreneurial culture, improvement of business environment and investment security, establishment of supportive rules and recognition of intellectual property rights, education of human resources and determination of vision and status of venture capital in national innovation system (NIS) could significantly affect the dimensions of innovation performance. It must be noted that the most important factor in the development of venture capital firms is governmental financial support although such companies are private organisations.

Approaches to Regulation of the Informtion Space of the Regional Social and Economic Complex in the Russian Federation

JEL Classification Codes: O31, O34, M13, M21 Introduction Building an innovative economy as one of the strategic objectives of national development brings together most of the countries in the modern world, including the Russian Federation (RF) and the European Union (the EU). The EU and Russia are currently engaged in the creation of four common spaces: economic; an area of freedom, security and justice; space of cooperation in the field of external and foreign security; space science, culture and education. The difficulties of solving this problem arise due to the need to implement systemic reforms relying, currently achieved level of technological relationship, intellectual and social innovations, qualitative impact on the dynamics and direction of development of social relations. Innovation does not only satisfy the constantly growing needs of mankind, but also creates new knowledge and ways of commercialization as the basis for the development of the productive forces. Transfer of innovation in today's globalized world, simultaneously accelerates and complicates innovative processes. One of the main ways to stimulate and promote innovative development in the Russian Federation and the EU is via the recognition of intellectual property rights. Intellectual property rights are international by nature, which involves the cooperation of States and nations to guarantee convergence and harmonization of legislation and social institutions. Transition of States to a new level of innovation development is impossible without modernization of the regulatory mechanisms that would provide maximum opportunities to each person in order to open his creative and intellectual potential and resolve individual atypical relationship (Thalassinos et al., 2013; Thalassinos and Pociovalisteanu, 2009). In this study, we proceed from the recognition of the absolute value of the individual and the need for full and all-round development of the human personality. Survey Methodology Based on the fact that modern legal knowledge should develop not in the direction of deepening of differentiation, but instead take the path of integration of scientific and practical knowledge, we will be basing the study on the generally accepted tenets of humans as the cornerstone of the entire political system of society. The right is the beginning of a formal definition of external daily life of society, via establishing solid and precise boundaries for each person. The content of these principles is generated by the development of all aspects of human activity (Akopova, 2016; Frank et al., 2016; Nechaev and Antipina, 2016). Understanding of the new legal forms of exercise is based on reconstructive methods of knowledge. In particular, the method of "interpretation", which recreates the patterns of lawful and unlawful construction by human everyday reality. Constructivist method, i.e., evaluation of existing concepts and models of life through the reconstruction of forms of social reality (Stroeva et al., 2016; Sibirskaya et al., 2016). The statistical method, used to monitor the social innovation in order to identify the motives determining the behavior of actors in the innovation economy. Expert prediction method is used for intuitive and logical analysis and development on this basis, where it is estimated that it possible to establish the essential quality of the subject of innovation--its level of innovation activity (Sultanova and Chechina, 2016). The method of analogy as a comparison of two or more objects of study for some identity attributes used to identify the similarity of some events in the past and predict the future state of the objects under such consideration. Institutional contact method used to analyze the "embedding" of the mechanisms of new institutions and social phenomena existing in the social organism, and their mutual influence. The study widely uses comparative legal method to understand and clarify the features of national legal systems, identify common roots and principles that allow consolidating the efforts of the scientific community to develop approaches to the regulation of cross-border legal phenomena. …

The Problem of Individualization of Legal Entities in Terms of Innovative Development of the Russian Federation and the European Union Economy

JEL Classification Codes: O31, O34, M13, M21 Introduction Building an innovative economy as one of the strategic objectives of national development brings together most of the countries in the modern world, including the Russian Federation (RF) and the European Union (the EU). The EU and Russia are currently engaged in the creation of four common spaces: economic; an area of freedom, security and justice; space of cooperation in the field of external and foreign security; space science, culture and education. The difficulties of solving this problem arise due to the need to implement systemic reforms relying, currently achieved level of technological relationship, intellectual and social innovations, qualitative impact on the dynamics and direction of development of social relations. Innovation does not only satisfy the constantly growing needs of mankind, but also creates new knowledge and ways of commercialization as the basis for the development of the productive forces. Transfer of innovation in today's globalized world, simultaneously accelerates and complicates innovative processes. One of the main ways to stimulate and promote innovative development in the Russian Federation and the EU is via the recognition of intellectual property rights. Intellectual property rights are international by nature, which involves the cooperation of States and nations to guarantee convergence and harmonization of legislation and social institutions. Transition of States to a new level of innovation development is impossible without modernization of the regulatory mechanisms that would provide maximum opportunities to each person in order to open his creative and intellectual potential and resolve individual atypical relationship (Thalassinos et al., 2013; Thalassinos and Pociovalisteanu, 2009). In this study, we proceed from the recognition of the absolute value of the individual and the need for full and all-round development of the human personality. Survey Methodology Based on the fact that modern legal knowledge should develop not in the direction of deepening of differentiation, but instead take the path of integration of scientific and practical knowledge, we will be basing the study on the generally accepted tenets of humans as the cornerstone of the entire political system of society. The right is the beginning of a formal definition of external daily life of society, via establishing solid and precise boundaries for each person. The content of these principles is generated by the development of all aspects of human activity (Akopova, 2016; Frank et al., 2016; Nechaev and Antipina, 2016). Understanding of the new legal forms of exercise is based on reconstructive methods of knowledge. In particular, the method of interpretation, which recreates the patterns of lawful and unlawful construction by human everyday reality. Constructivist method, i.e., evaluation of existing concepts and models of life through the reconstruction of forms of social reality (Stroeva et al., 2016; Sibirskaya et al., 2016). The statistical method, used to monitor the social innovation in order to identify the motives determining the behavior of actors in the innovation economy. Expert prediction method is used for intuitive and logical analysis and development on this basis, where it is estimated that it possible to establish the essential quality of the subject of innovation--its level of innovation activity (Sultanova and Chechina, 2016). The method of analogy as a comparison of two or more objects of study for some identity attributes used to identify the similarity of some events in the past and predict the future state of the objects under such consideration. Institutional contact method used to analyze the embedding of the mechanisms of new institutions and social phenomena existing in the social organism, and their mutual influence. The study widely uses comparative legal method to understand and clarify the features of national legal systems, identify common roots and principles that allow consolidating the efforts of the scientific community to develop approaches to the regulation of cross-border legal phenomena. …

Intellectual Property Rights in Traditional Knowledge: Enabler of Sustainable Development

Traditional knowledge (TK) plays an integral role in supporting sustainable development practices, and can act as an enabler of sustainable development in indigenous and local communities (ILCs) through recognition of intellectual property rights (IPRs). This paper explores points of convergence and divergence, arguing that the application of IPRs to TK held by ILCs can help facilitate sustainable development. An overview of the normative development, including key definitions, relating to sustainable development and TK is offered as background. Contemporary tensions and arguments favouring the application of IPRs to TK are summarised, followed by an analytical reconciliation of points of divergence based on international and domestic legal practices, and a discussion of the role of TK in achieving sustainable development. Recognition of IPRs in TK held by ILCs through a specialised internationally binding instrument could work to reconcile lack of trust, positively incentivise preservation, and act as an equitable enabler of sustainable development.

Sharing in or Benefiting from Scientific Advancement?

The intellectual property regimes we have currently in place are heavily under attack. One of the points of criticism is the interaction between two elements of article 27 of the Universal Declaration of Human Rights, the widely discussed issue of being able to benefit from scientific progress and the less argued for position of having a right to take part in scientific enterprises. To shine light on the question if we should balance the two elements or prioritize one of them, an exploration will be offered on how benefiting from scientific progress and the ability to participate in the advancement of science relate to securing human capabilities. A different perspective to the question will be gained by identifying the problem as an issue of misrecognition, especially the failure to recognize many willing collaboration partners in scientific research as peers. Lastly, I will argue that cooperative justice requires that if we have an innovation incentive system that disproportionally benefits one particular group, a certain duty to counterbalance this advantage exists when we are relying on mutual cooperation for the recognition of intellectual property rights.

The Myth of Development, The Progress of Rights: Human Rights to Intellectual Property and Development*

Of all the various programs and policies formulated in an attempt to find a quick route to modernization, none has been as detrimental to the development process in Africa as technology transfer from developed countries. The process of technology transfer was facilitated by the international intellectual property system which enabled owners of intellectual goods in developed countries to control access by developing countries to technology while also exacting from these countries huge transaction costs and licensing fees. African countries, as other developing countries, participated in the international intellectual property system in part because indigenous innovation and economic growth were promised fruits of intellectual property protection as evidenced by the experience of the Western Hemisphere. The recognition of intellectual property rights by the Universal Declaration of Human Rights gave legitimacy to the efforts of developed countries and international institutions to encourage developing countries to recognize intellectual property rights and to join the international intellectual property system. However, after more than three decades of experimenting with Western‐styled intellectual property laws and an inordinate emphasis on technology from developed countries as an agent of development, African countries remain mired in the trenches of underdevelopment. This article looks at the failed promise of intellectual property systems in developing countries in general, with Africa as its specific concern. The author argues that the human right to intellectual property must be understood in context with the right to development and self‐determination. Such an approach would delegitimize the myth of a universally valid intellectual property system and protect the right of developing countries to establish intellectual property regimes that reflect their unique socioeconomic and cultural norms and that are consistent with development objectives. Nevertheless, the author insists that nothing short of a comprehensive economic and social reform package nurtured and implemented in a politically stable environment under the rule of law will release Africa's potential for development.

The effect of intellectual property rights on international trade and investment

The Effect of Intellectual Property Rights on International Trade and Investment. — The widespread debate regarding extended recognition of intellectual property rights across borders has not been matched by empirical investigation regarding the effect of such international recognition of intellectual property as exists in the status quo. In this paper, the effects of membership in intellectual property treaties is investigated in the context of U.S. exports, foreign affiliate sales, and flows of royalties and license fees. Membership in intellectual property treaties increases the flows of payments and receipts for intellectual property as long as domestic patent protection is sufficiently strong. U.S. parents export more to subsidiaries in countries which do not adhere to such treaties, but their impact on arms’-length exports and foreign investment is minimal.