Patent Law

The protection of the various Intellectual Property Rights (IPRs) is at the nexus of the enjoyment of these rights. An Intellectual Property System (IPS) is therefore aimed at giving statutory expressions to the moral and economic rights of creators in their creations and the rights of the public in accessing those creations. This protection heavily relies on the efficiency of the Intellectual Property System adopted by the state-nationally, regionally and internationally.

With the emerging trends in industrial development in developing economies, issues of intellectual property have become more eminent than before. The development of Regional and International organizations has mounted cross country enforcement issues and a good national Intellectual Property System is paramount. There is a state obligation to ensure protection of patents nationally issued and those regionally and internationally issued.

The major aim of this research is to analyze the efficiency of Uganda’s Intellectual Property Rights System (IPRS) in the protection of patent rights in light of the national, regional and international developments. The research further aims at establishing whether the national Patent system has the sufficiency of guaranteeing the enjoyment and protection of patent rights issued under any relevant authority, in so doing the research examines whether Uganda’s Intellectual Property Rights (IPRs) protection standards are in conformity with the regional and world intellectual property rights standards.

This research focuses on the efficiency of Uganda’s Intellectual Property System in ensuring protection of patent rights. The research also highlights the regional and international Intellectual Property Systems which inform the national Intellectual Property System of Uganda. The holistic approach of the Intellectual Property Systems in this study is based on the interdependence of the national, regional and international Intellectual Property Systems in the protection of patents in Uganda.

The protection of Intellectual Property Rights more so patent rights is aimed at contributing to the promotion and development of technological innovation, and the transfer and dissemination of technology in industrial development. For a country that has had laws on intellectual property protection since 1902, there is more left to be desired in respect to enforcement and protection of patents in Uganda. The stimulation of innovation and invention under the Patent System of the country is still very low. The assessment put forward in this research is not limited to the Industrial Property Act of 2014 because Uganda’s Patent System predates the 2014 Act.

As the country aims at industrializing her economy, there is urgent need to address the persistent issues that continually affect the enforcement and protection of patent rights to earn the confidence of potential investors in the different capital ventures or lines of production and industries.

Since approval of the EU General Data Protection Regulation (GDPR) in 2016, it has been widely and repeatedly claimed that a 'right to explanation' of decisions made by automated or artificially intelligent algorithmic systems will be legally mandated by the GDPR. This right to explanation is viewed as an ideal mechanism to enhance the accountability and transparency of automated decision-making. However, there are several reasons to doubt both the legal existence and the feasibility of such a right. In contrast to the right to explanation of specific automated decisions claimed elsewhere, the GDPR only mandates that data subjects receive limited information (Articles 13-15) about the logic involved, as well as the significance and the envisaged consequences of automated decision-making systems, what we term a 'right to be informed'. Further, the ambiguity and limited scope of the 'right not to be subject to automated decision-making' contained in Article 22 (from which the alleged 'right to explanation' stems) raises questions over the protection actually afforded to data subjects. These problems show that the GDPR lacks precise language as well as explicit and well-defined rights and safeguards against automated decision-making, and therefore runs the risk of being toothless. We propose a number of legislative steps that, if taken, may improve the transparency and accountability of automated decision-making when the GDPR comes into force in 2018.

This book is intended for use in a rigorous introductory Ph.D.-level course in econometrics or in a field course in econometric theory. It covers the measure-theoretical foundation of probability theory, the multivariate normal distribution with its application to classical linear regression analysis, various laws of large numbers, and central limit theorems and related results for independent random variables as well as for stationary time series, with applications to asymptotic inference of M-estimators and maximum likelihood theory. Some chapters have their own appendixes containing more advanced topics and/or difficult proofs. Moreover, there are three appendixes with material that is supposed to be known. Appendix I contains a comprehensive review of linear algebra, including all the proofs. Appendix II reviews a variety of mathematical topics and concepts that are used throughout the main text, and Appendix III reviews complex analysis. Therefore, this book is uniquely self-contained. are model (mis)specification analysis in econometrics and its application in empirical research, time series econometrics, and the econometric analysis of dynamic stochastic general equilibrium models.

There is some consensus between such disparate voices as the Economist  on the right and Jeremy Rifkin  on the left that 3D printing, a form of additive manufacturing, represents the “next industrial revolution”. 3D printing is a form of additive manufacturing for making a physical object from a three-dimensional digital model, typically by laying down many successive thin layers of a material. It can be used to make everything from expensive scientific  and engineering tools  to novel biotechnologies.  The U.S. military has already determined that 3D printing represents a strategic advantage on the battlefield.  It is now clear that 3D printing will affect every industry and there is currently considerable debate on its intellectual property (IP) implications. There is some evidence that IP strategies can be used as a strategic national weapon. This articles reviews the U.S. policies relating to 3D printing in that context and finds evidence that China is currently strategically using U.S. patent law to ensure their own national interests for the next industrial revolution.

Artificial intelligence systems have been gaining widespread momentum in today's progressing tech-savvy world. With sophisticated technologies being incorporated in the same, it is only a matter of time these systems start to produce marvelous inventions without human intervention of any kind. This brings forth pertinent questions concerning Intellectual Property Rights, (IPR) for, it challenges not only traditional notions of concepts such as patents and copyrights, but also leads to the emergence of questions related to the regulation of such creations amidst others. This paper seeks to provide insight into the expanding scope of IPR laws and artificial intelligence, along with the inevitable challenges it brings from a worldwide lens on the matter. It also attempts to provide suggestions transcending IPR, and seeks to address questions concerning criminal liability for the content created by such technologies.

In many human rights treaties and national
constitutions, health and property rights are
considered fundamental rights. As a manifestation of
such rights, access to essential medicines must be
taken into consideration, along with the right of the
patentee who generated them. As there is no
express hierarchy of such rights, it is necessary to
seek to harmonize them with the aim of achieving
two objectives: (1) health protection; and (2) new
and better medicines for the treatment of diseases.
This article will analyse several approaches pursued
in different jurisdictions and recommend the best
approach for achieving these objectives. Among
possible solutions, it will adhere to the 'essential
content of rights'.
Keywords: Patents, essential medicines, compulsory
licence, principle of proportionality, and rule of law

Nowadays algorithms can decide if one can get a loan, is allowed to cross a border, or must go to prison. Artificial intelligence techniques (natural language processing and machine learning in the first place) enable private and public decision-makers to analyse big data in order to build profiles, which are used to make decisions in an automated way.

This work presents ten arguments against algorithmic decision-making. These revolve around the concepts of ubiquitous discretionary interpretation, holistic intuition, algorithmic bias, the three black boxes, psychology of conformity, power of sanctions, civilising force of hypocrisy, pluralism, empathy, and technocracy.

The lack of transparency of the algorithmic decision-making process does not stem merely from the characteristics of the relevant techniques used, which can make it impossible to access the rationale of the decision. It depends also on the abuse of and overlap between intellectual property rights (the “legal black box”). In the US, nearly half a million patented inventions concern algorithms; more than 67% of the algorithm-related patents were issued over the last ten years and the trend is increasing.

To counter the increased monopolisation of algorithms by means of intellectual property rights (with trade secrets leading the way), this paper presents three legal routes that enable citizens to ‘open’ the algorithms.

First, copyright and patent exceptions, as well as trade secrets are discussed.

Second, the GDPR is critically assessed. In principle, data controllers are not allowed to use algorithms to take decisions that have legal effects on the data subject’s life or similarly significantly affect them. However, when they are allowed to do so, the data subject still has the right to obtain human intervention, to express their point of view, as well as to contest the decision. Additionally, the data controller shall provide meaningful information about the logic involved in the algorithmic decision.

Third, this paper critically analyses the first known case of a court using the access right under the freedom of information regime to grant an injunction to release the source code of the computer program that implements an algorithm.

Only an integrated approach – which takes into account intellectual property, data protection, and freedom of information – may provide the citizen affected by an algorithmic decision of an effective remedy as required by the Charter of Fundamental Rights of the EU and the European Convention on Human Rights.

Recommended citation: Guido Noto La Diega, Against the Dehumanisation of Decision-Making – Algorithmic Decisions at the Crossroads of Intellectual Property, Data Protection, and Freedom of Information, 9 (2018) JIPITEC 3 para 1

The National Food Security Act (NFSA), 2013, has been a long-standing concern for nationalists, a cherished indulgence for the Supreme Court of India and a key priority for the Government of the day.  The purpose of this legislation is to provide succour to those sections of our people who are forced to sleep on empty stomachs even after sixty eight years of independence and are, consequently, getting left behind in the race for development in a resurgent economy like ours.  A large number of obligations have been imposed upon the Central Government by virtue of this Act.  Since the food-producing and food-consuming areas in our geographically vast country are often far apart, the Indian Railways serves as a key player in helping the Government realise its onerous responsibilities under the NFSA.  This Paper is an attempt on the part of the author to look into the preparedness and capacity of Indian Railways in being able to fulfil this task of humungous proportions.  The Food Corporation of India (FCI) provides necessary client interface to the Railways and has, in recent times, been taking several measures to increase inter-regional movement of foodgrains - this has made the task of the Railways even more unenviable.  Several issues like aggregate foodgrain freight scenario in the country, spatial movement of foodgrains, cascading effect of cost of freight on general price levels in our economy, operating efficiency levels and capacity constraints of the Railways, have been discussed during the course of this Paper, alongwith the present-day situation in the country with respect to the right to food.

This report presents a critical discussion of the hot topics in the intersection of intellectual property law with innovation and competition law and policy. The report examines first the interaction between horizontal IP rules and sector specific IP regimes. It then delves into the analysis of the interface between competition law enforcement and IP rights in Europe and in the United States, before examining the doctrine of exhaustion in these jurisdictions, which is particularly interesting in view of some recent case law of the US Supreme Court. The final part of the study focuses on issues of governance of IP law and competition law and more generally the need for establishing cross-disciplinary links between these two areas of law and between the institutions in charge of their enforcement.

The paper discusses upon the implication of TRIPs agreement relating to life forms in USA, EPO, India and Japan. It also sets the grounds on which patent are granted across these jurisdictions on life forms and the reasons for not granting patents for the same.

This Article provocatively asserts that lawmakers should weaken patents significantly—by between 25% and 50%. The primary impetus for this conclusion is the underappreciated effects of new and emerging technologies, including three-dimensional printing, synthetic biology, and cloud computing. These and other technologies are rapidly decreasing the costs of each stage of the innovation cycle: from basic research, through inventing and prototyping, to marketing and distribution. The primary economic theories supporting patent law hold that inventors and innovators need patents to recoup the costs associated with research, inventing, and commercializing. Because new technologies have begun—and will continue—to dramatically decrease these costs, the case for weakening patents is ripe for analysis.

While policymakers often make bold claims on the positive impact of intellectual property (IP) rights on both developed and developing country economies, the empirical literature is more ambiguous. IP rights have both incentive and inhibitory effects that are difficult to isolate in the abstract and dependent on economic context. To unravel these contradictory effects, this article introduces an index that evaluates the strength of IP protection in 124 developing countries for the years 1995 to 2011. We illustrate the value of this index to economics study and show evidence that is consistent with IP leading to increased growth. Our results are further consistent with two causal pathways highlighted in the literature: that IP leads to greater levels of technology transfer and increased domestic inventive activity. Yet, other aspects of our study fit uneasily with this simple story. We find, for example, evidence suggesting that increased levels of growth lead to greater levels of IP protection, contradictory evidence in the literature linking IP with growth, a lack of evidence that increased levels of IP protection lead to actual use of the IP system and problems with what IP indexes measure. Because of this, we suggest another – and so far undertheorized – explanation of the links between IP and growth: that IP may have few direct effects on growth and that any causality is due to belief rather than actual deployment of IP.

articles and studies about competition law, corporate law, trademark and patent law.
Commenti al codice dell’impresa e delle Società, Pacini Editore, Pisa 2018, a cura e diretto dal Prof. Avv. Giuseppe Fauceglia (ISBN-10: 8869952487 ISBN-13: 978-8869952487): In tema di marchio, Commenti agli artt. 2569- 2574 del codice civile. In tema di espropriazione di quote S.r.l., Commento all’ art. 2471 del codice civile. In tema di pegno, usufrutto e sequestro di quote S.r.l., Commento all’ art. 2471 bis del codice civile. In tema di concorrenza, Commento all’ art. 2595 del codice civile. In tema di concorrenza sleale, Commento all’ art. 2598 del codice ci-vile. In tema di obbligo a contrarre del monopolista, Commento all’ art. 2597 del codice civile.

Ethics have received increased attention from the media and academia in recent years. Most reports suggest that one form of unethical conduct – plagiarism – is on the rise in the business schools. Stereotypes of Asian students as being more prone to plagiarize are frequently found in the literature, though not concretely substantiated. This study used a behavioral criterion to examine the relationships among ethnicity, acculturation, and plagiarism in a sample of 158 undergraduate and graduate students. Significant differences in plagiarism behavior were found based on level of student acculturation, but not ethnicity. Considerations and implications for training and managing international students and workers are discussed.

SUMARIO: I. Introducción. II. Reglamentos 44/2001 y 1215/2012: 1. Alcance de la competencia exclusiva. 2. Excepciones, cuestiones incidentales y reconvenciones en materia de patentes. III. El DIPr autónomo español: 1. Aplicación de la LOPJ y competencia sobre el fondo del litigio. 2. Excepciones, cuestiones incidentales y foro cautelar. IV. El acuerdo sobre el Tribunal Unificado de Patentes: 1. Las reglas de competencia del TUP. 2. El TUP desde la perspectiva española. V. Conclusión

After the introduction we discuss the European Patent Convention (EPC) provisions that are relevant to the exculsion from patentability of computer programs and the broader relevance of the fact that the European Patent Office's (EPO's) Enlarged Board of Appeal has recently been requested by the EPO President to interpret these provisions. Next, we comment on the relevance of the recent EPC revision, before addressing what a computer program must be taken to mean for the purposes of the exclusion from patentability. After drawing attention to the conflict in case law that has developed in relation to the patentability of the computer programs and briefly summarizing the different approaches the EPO has taken to Article 52 of the EPC, we explain the evolution of these approaches, with particular attention to the EPO's dominant ''technical character'' approach. Subsequently, we address the questions put to the Enlarged Board and how they might be answered. We set out our proposal for what we believe is the approach the Enlarged Board should adopt. Since this approach might have effects beyond the field of computer programs, we show that the EPO case law outside computer programs would not be altered by our approach. Two alternative approaches are then critically addressed before setting out our conclusion.

A seguito della crisi economica che ha colpito molti paesi, tra cui l’Italia, la spesa sanitaria e più nello specifico farmaceutica è divenuta oggetto di ripetuti interventi di spending review, volti a orientare gli acquisti pubblici verso prodotti aventi costi minori con il ricorso a procedure d’acquisto maggiormente competitive. Per questi motivi i farmaci generici (meglio definibili “equivalenti”) e i biosimilari da un lato, e procedure di appalti pubblici come i sistemi dinamici d’acquisto dall’altro sono divenuti argomenti di notevole attualità sotto il profilo giuridico ed economico; una recente segnalazione adottata dall’Autorità garante della concorrenza consente di fare il punto al riguardo per l’Italia e delineare possibili scenari futuri.

With the development and commercialization of the recyclebot (plastic extruders that fabricate 3-D printing filament from recycled or virgin materials) and various syringe pump designs for self-replicating rapid prototypers (RepRaps), the material selection available for consumers who produce products using 3-D printer operators is expanding rapidly. This paper provides an open-source algorithm for identifying prior art for 3-D printing materials. Specifically this paper provides a new approach for determining obviousness in this technology area. The potential ramifications on both innovation and patent law in the 3-D printing technological space are discussed.

The purport of this paper is premised on the extent to which Negative pledge clause can be activated against third-parties. That is, to what extent can this covenant be enforced against a subsequent creditor who took interests in the borrower’s assets with or without notice of the negative pledge.This paper considers the general nature of the negative pledge clause and its extant variations while arguing that the effect of the clause on third-parties is determined by reference to the intention of the initial creditor and the borrower which can be evinced in the terms of the covenants; whether the clause effectively creates a proprietary and enforceable right for the initial creditor and whether the subsequent creditor who advanced credit without notice of the negative pledge can be made subject of the clause.

The ability to protect and safeguard cultural heritage is of vital importance to some communities. Without the ability to maintain control over these expressions, external subjects could freely appropriate them, which could negatively affect the community’s identity, spirituality, and general well-being. Increasing awareness regarding cultural heritage provides momentum to better define a legal framework for the protection of the intangible goods that constitute cultural heritage. It is fundamental to ascertain whether the current intellectual property right (IPR) regime represents an adequate model of protection vis-à-vis intangible cultural heritage (ICH). The culture’s unique concerns, which variably affect ICH, make it difficult to compare the rationales for these two legal domains. These concerns are pivotal in elaborating the need for legal protection. Not only does misuse and misappropriation of ICH cause economic damage, but it also violates the community’s human rights and identity.

Accordingly, a range of issues must be taken into consideration, starting with the desirability of the commodification, or “reification,” which would allow communities to control the commercialization of their ICH through the current IPR regime. To adequately address concerns about commodification, a legal framework must be developed that can guarantee adequate advantages for the countries and communities where the intangible goods originate. This legal framework must, in due time, boost the efforts of these communities to promote a self-sustainable model of economic development and lead them through the inevitable social policy changes that would accompany new ICH protections.

Therefore, our study aims to clarify theoretical and practical legislative tools available to help the actors concerned ascertain how to exploit, trade, and market their own resources and heritage within the global market. Bearing in mind that there are numerous potential legal remedies or amendments to the current legal regime covering the protection of cultural heritage, it is not conceivable to tackle this issue as one uniform hurdle. Each community’s ICH concerns are extremely specific, and, as a result, it may be appropriate to apply ad hoc legal remedies to some, but not all, circumstances involving ICH.

This analysis consists of five Parts. Part I defines fundamental concepts associated with ICH. Part II looks at ICH as a continuous process of social involvement that helps preserve cultural identification. Part III analyzes the current forms of protection available for cultural expression and knowledge. Part IV discusses the shortcomings of adopting a single, all-embracing, umbrella solution and analyzes ways in which the current IPRs can help protect ICH. And finally, Part V proposes ways to modify and improve the current IPRs to protect ICH more efficiently.

In the ongoing debate on the impact and relevance of intellectual property rights some of the main questions are whether computer programs can be patented in the actual
state of the law and whether they should be patentable at all. In Europe, on the legislative level, there is a clear-cut orientation towards copyright protection through the Directive on the Legal Protection of Computer Programs and the Article 52 (2)(c) of
the European Patent Convention which formally forbids patents of computed programs “as such”. However, the practice of the European Patent Office of progressively adopting a less restrictive attitude has opened the doors to patents of “computer implemented inventions” which in many cases have been perceived to drift from the exception provided in the EPC. As the controversy extends to questions of policy, the
justification of patent protection of computer programs is also considered. Inconclusive evidence exists that patents fulfil the primary function assigned to them by legislators with respect to the software industry, while it is becoming clear that they are used as instrument for achieving alternative goals. In this context certain viewpoints of software industry participants are stressed, in particular the issue of Free and Open Source
Software development model, whose developers are powerful new players in the industry, loud in their voicing against patent proliferation in their field of endeavour.

Patents compared with any other intellectual property rights have unique features. In copyrights and trademarks, intellectual property rights may be protected regardless of their registration or not. This is somehow difficult in patents. It is very easy to infringe patent other than trademark and copyright, and this is what made the protection of it being crucial. We are living in the world of science and technology, and as patent involves inventions and innovations it could be unworthy and dangerous not giving it high degree of protection compared to other intellectual property rights. In Tanzania, patent is protected by the Patent (Registration) Act, [CAP.217, R.E. 2002]. The Act was enacted so as to make better provisions for the promotion of inventivity and innovation for the facilitation of the acquisition of technology on fair terms through the grant and regulation of patents, utility certificates and innovation certificates.
The Act has provided a number of provisions on how various inventions can be patentable upon a number of conditions.
This paper aim at showing those conditions, elements to be fulfilled by the petitioner(s) on the patentability of patent in Tanzania.

This paper illustrates a small extent of co-evolution of IPR regime and technological capability of Thai automotive firms. This study analysed the primary data on Thai IP-related law, regulation, firms’ R&D and innovation surveys, patent registration, court litigation, and conducted interviews for case studies of firms, policy makers, and university professors specialised in the automotive industry. The results show
that there are some atmospheric changes in terms of increasing awareness of importance of patent after
the regime became stronger. The stronger patent regime has slight impacts on the extent and nature of knowledge transfer between transnational corporations and local part suppliers. Last, the stronger patent regime has impacts on firms climbing up technological ladders from production to more sophisticated
activities.

""Abstract.
You are about to start an important journey.
Recently, nations depend more in cyber networks to bring national prosperities, and provide government with various services. But these networks intrude, destruct and attack our property, privacy, economy, social life in a way which is harmful.
This paper presents important issues on the what, when, where, who, which and how are the Liabilities of Intellectual Property in the Cyber Space, the reaction of competition laws on intellectual property disputes in the cyberspace, and Competent Authority in solving the disputes. The paper consists of four parts in Romanic Numbers.
The attempt here is simply to familiarize the reader with a careful understanding of the term Liability, history, and types of Liability and how these have been affected in the Information Age.
In Part II, one has to know the concept of Intellectual Property; this will include meaning, background, types and their Liability in Information Age.
Part III will explain on Uncompetitive Behaviours, especially on Competition Liability and Competent Authority dealing with various competition disputes involving Intellectual Property in Information Age.
And finally the Personal Assessment basically in Tanzanian Laws in respect to intellectual property and competition in Information Age (Part IV).
""

This article sheds light on the pressing issue of software patents by giving an account of the approaches followed in Europe, the US and India. The occasion of this study is the adoption in 2016 of the final version of the Indian guidelines on the examination of computer-related inventions, which have been surprisingly overlooked in the legal literature. The main idea is that the Internet of Things will lead to a dramatic increase of applications for software patents and if examiners, courts, and legislators are not careful, there is a concrete risk of a surreptitious generalised grant of patents for computer programs as such (in Europe) and for abstract ideas without inventive concept (in the US). The clarity provided by the Indian guidelines, following a lively public debate, can constitute good practice that Europe and the US should take into account. Conversely, the sea of patent software looks very stormy in the US, where, after some reversals of the leading case Alice Corp v CLS Bank International, there seems to be the risk of swelling the ranks of speculative schemers who make it their business to watch the advancing wave of improvement, and gather its foam in the form of patented monopolies. Some good news, however, comes from a dissenting opinion that innovatively suggests bringing free speech into the reasoning on patents.

PLEASE CITE AS: Guido NOTO LA DIEGA, Software patents and the Internet of Things in Europe, the United States, and India, in European Intellectual Property Review, 2017, 39(3), 173-184.

This article submits a short description on the analysis of the concepts embodied in the expressions 'creative industries' and 'creative goods' and their interactions with the international intellectual property system. Current matters related to the expansion of creative industries and deployment of intellectual property mechanisms for protection of creative goods are to be linked to the constant claims of international community on access to knowledge and cultural goods. The author analyses the debate on 'creative clusters', the limits for copyright protection and the balance of proprietary and public interests in the interface of intellectual property and creative process. Those issues must be inherently linked to the development of institutions in the international intellectual property system and shall serve as instigating topic for a research agenda in the near future.

This introductory article provides an overview of the historiography of scientific secrecy from J.D. Bernal and Robert Merton to this day. It reviews how historians and sociologists of science have explored the role of secrets in commercial and government sponsored scientific research through the ages. Whether focusing on the medieval, early modern or modern periods, much of this historiography has conceptualized scientific secrets as valuable intellectual property that helps entrepreneurs and autocratic governments gain economic or military advantage over competitors. Following Georg Simmel and Max Weber, this article offers an alternative interpretation of secrecy as a tool to organize and to hierarchically order society. In this view, the knowledge content of secrecy is less important than its social psychological effects. The authors argue that, in many instances, entrepreneurial researchers and governments use scientific secrets as an effective tool to manipulate the beliefs of their
competitors and the larger public, and not necessarily to protect the knowledge that they hold.

In Turkey, most university administrators and academic staff members are not yet fully aware of intellectual property rights (IPRs). Researchers often have difficulty in licensing opportunities that can provide additional revenue streams due to the lack of either strategic policies set by the administration or a dedicated technology transfer (or licensing) office (TTO). This paper attempts to shed some light
on the relationship between intellectual property rights and licensing awareness in Turkish universities as well as how this is affected by the lack of TTOs. Semi-structured exploratory interviews were conducted with 45 researchers in two different faculties (Medicine and Engineering). Results show that most of the participants, including a higher-than-expected percentage from the Faculty of Engineering,
were not aware of the importance of the technology that they had developed in terms of licensing and royalties that they could earn. In conclusion, it can be said that universities in Turkey have to undergo a policy change regarding managerial issues, especially with regards to Technology Transfer Offices. Increasing the visibility of technology transfer options and agreements, as well as further research on this topic, is recommended.

Panorama des interactions entre propriété intellectuelle et contrats. -- Rapport suisse présenté à l'Association Henri Capitant des Amis de la culture juridique française sur le thème "Contrat et immatériel" en 2014. Version mise à jour et publiée en 2015 dans le volume des Journées internationales de l'Association.

Fourteen philosophers, economists and legal scholars address the question 'Can intellectual property rights be fair?' What differentiates intellectual from real property? Should libertarians or Rawlsians defend IP rights? What's wrong with free-riding? How can incentives be taken into account by theories of justice?

The TRIPS agreement offered members the opportunity to exclude from patentability, inventions for which the commercial exploitation under a patent regime might cause serious prejudice to the public order or morality, including the protection of human, animal or plant life or health, and the protection of the environment. It allows members to provide for the protection of plant varieties, either by patent or by an effective sui generis system or by any combination thereof. The flexibility in the choice of the protection system seems to fit the need and expectation of Developing countries for whom patent should not, under any condition, be imposed on living organisms or natural resources. However, a close look to the agreement shows discrepancies and contradictions to what is actually allowed to be excluded from the reach of patent. In fact, the TRIPS agreement excluded plants and animals from patentability, and at the same occasion maintained “micro-organisms” and “microbiological” processes for the production of plants or animals under that same patent regime. This move emptied the sui generis system of its quintessence, and put at risk, small holder farmers, whose practice of saving, sharing, and/or replanting seeds is engraved in a long and generational tradition. More importantly the small holder farmers representing the primary workforce population in developing countries, are more than ever vulnerable, especially at a moment where extraterritorial patent protection is enforced and monitored under the TRIPS agreement.

This chapter presents a general view of intellectual property rights, the judicial enforcement thereof (trial, incl. injunctions), unfair competition, as well as the contract of licensing. It does so in an international perspective, starting the presentation with international sources and referring, as illustrations, to particular national rules and to cases of different legal systems. It is mainly designed for students in management but can be useful for lawyers interested in a concentrated approach based on international texts.

Salah satu model baru pembangunan suatu bangsa adalah Ilmu Pengetahuan dan Teknologi (Iptek). Model baru pembangunan Ilmu Pengetahuan dan Teknologi mendampingi model pembangunan lama yang selama ini kita kenal yakni sumber daya alam dimana dua model pembangunan ini berjalan beriringan tanpa dapat dipisahkan, dalam artian bahwa dalam meningkatkan nilai tambah dan daya saing dalam mengolah sumber daya alam dibutuhkan peranan iptek. Penguasaan iptek inilah yang dimanfaatkan oleh negara-negara maju seperti Jepang, Korea Selatan dan negara-negara lainnya yang sedikit sumber daya alamnya untuk memperoleh devisa negara. Banyak negara di dunia ini telah mengalami pertumbuhan ekonomi yang sangat pesat karena keberhasilannya memanfaatkan perkembangan ilmu pengetahuan dan teknologi dan kemudian mampu menggelorakan industri kreatif melalui pengembangan Hak Kekayaan Intelektual. Hak Kekayaan Intelektual, biasa disebut HAKI atau Intelectual Property Rights (IPR), pada dasarnya merupakan hak yang lahir berdasarkan hasil karya intelektual seseorang. HAKI merupakan konstruksi hukum terhadap perlindungan kekayaan intelektual sebagai cipta karsa pencipta atau penemunya. Hak eksklusif yang diberikan oleh hukum merupakan reward yang sesuai bagi inventor dan pencipta HAKI. Melalui reward tersebut, orang-orang yang kreatif di dorong untuk terus mengasah kemampuan intelektualnya agar dapat dipergunakan untuk membantu kehidupan manusia.