Designing the Microbial Research Commons

Designing the Microbial Research Commons

Author: National Research Council

Publisher: National Academies Press

Published: 2010-10-30

Total Pages: 228

ISBN-13: 0309219795

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Recent decades have witnessed an ever-increasing range and volume of digital data. All elements of the pillars of science-whether observation, experiment, or theory and modeling-are being transformed by the continuous cycle of generation, dissemination, and use of factual information. This is even more so in terms of the re-using and re-purposing of digital scientific data beyond the original intent of the data collectors, often with dramatic results. We all know about the potential benefits and impacts of digital data, but we are also aware of the barriers, the challenges in maximizing the access, and use of such data. There is thus a need to think about how a data infrastructure can enhance capabilities for finding, using, and integrating information to accelerate discovery and innovation. How can we best implement an accessible, interoperable digital environment so that the data can be repeatedly used by a wide variety of users in different settings and with different applications? With this objective: to use the microbial communities and microbial data, literature, and the research materials themselves as a test case, the Board on Research Data and Information held an International Symposium on Designing the Microbial Research Commons at the National Academy of Sciences in Washington, DC on 8-9 October 2009. The symposium addressed topics such as models to lower the transaction costs and support access to and use of microbiological materials and digital resources from the perspective of publicly funded research, public-private interactions, and developing country concerns. The overall goal of the symposium was to stimulate more research and implementation of improved legal and institutional models for publicly funded research in microbiology.


Common Pools of Genetic Resources

Common Pools of Genetic Resources

Author: Evanson Chege Kamau

Publisher: Routledge

Published: 2013-07-18

Total Pages: 433

ISBN-13: 1135069697

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The Convention on Biological Diversity (CBD) strives for the sustainable and equitable utilization of genetic resources, with the ultimate goal of conserving biodiversity. The CBD and the Nagoya Protocol which has since been elaborated suggest a bilateral model for access to genetic resources and the sharing of benefits from their utilization. There is concern that the bilateral exchange "genetic resource for benefit sharing" could have disappointing results because providers are left out of the process of research and development, benefits are difficult to be traced to sources, and providers owning the same resource may complain of being excluded from benefit sharing. Thus, the CBD objective of full utilization and equitability may become flawed. Common Pools of Genetic Resources: Equity and Innovation in International Biodiversity Law suggests common pools as a complementary approach to bilateralism. This is one of the first books to reply to a number of complex legal questions related to the interpretation and implementation of the Nagoya Protocol. Taking an inductive approach, it describes existing pools and analyzes how they are organized and how they perform in terms of joint R&D and benefit sharing. It presents case studies of the most characteristic types of common pools, provides suggestions for further developing existing pools to cope with the requirements of the CBD and NP and, at the same time uses the clauses these conventions contain to open up for commons approaches. Written by a team of expert academics and practitioners in the field, this innovative book makes a timely and valuable contribution to academic and policy debates in international environmental law, international biodiversity law, intellectual property law, climate law and the law of indigenous populations.


Crop Genetic Resources as a Global Commons

Crop Genetic Resources as a Global Commons

Author: Michael Halewood

Publisher: Routledge

Published: 2012-11-27

Total Pages: 411

ISBN-13: 1136529497

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Our food and livelihood security depend on the sustained management of the diverse biological resources that make up the Earth’s plant genetic resources. This book is about the creation, management and use of the global crop commons, based upon the International Treaty on Plant Genetic Resources for Food and Agriculture.


The Law and Theory of Trade Secrecy

The Law and Theory of Trade Secrecy

Author: Rochelle C. Dreyfuss

Publisher: Edward Elgar Publishing

Published: 2011

Total Pages: 639

ISBN-13: 0857933078

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This timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships. The editors introduce the long tradition of trade secrecy protection and its emerging importance as a focus of scholarly inquiry. The book then presents theoretical, doctrinal, and comparative considerations of the foundations of trade secrecy, before moving on to study the impact of trade secrecy regimes on innovation and on other social values. Coverage includes topics such as sharing norms, expressive interests, culture, politics, competition, health, and the environment. This important Handbook offers the first modern exploration of trade secrecy law and will strongly appeal to intellectual property academics, and to students and lawyers practicing in the intellectual property area. Professors in competition law, constitutional law and environmental law will also find much to interest them in this book, as will innovation theorists.


Design Law

Design Law

Author: Dana Beldiman

Publisher: Edward Elgar Publishing

Published: 2024-09-06

Total Pages: 767

ISBN-13: 1800886527

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This book provides a comprehensive assessment of the current legal landscape of global design law. It includes practice-based and analytical accounts of national design laws from several representative jurisdictions and delves into the practical and theoretical dimensions of some of the most urgent procedural issues facing this legal field.


Intellectual Property Law and Policy Volume 12

Intellectual Property Law and Policy Volume 12

Author: Hugh Hansen

Publisher: Bloomsbury Publishing

Published: 2013-05-22

Total Pages: 754

ISBN-13: 1782251170

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This is the 17th Annual volume in the series collecting the presentations and discussion from the Annual Fordham IP Conference. The contributions, by leading world experts, analyse the most pressing issues in copyright, trademark and patent law as seen from the perspectives of the USA, the EU, Asia and WIPO. This volume, in common with its predecessors, makes a valuable and lasting contribution to the discourse in IP law, as well as trade and competition law. The contents, while always informative, are also critical and questioning of new developments and policy concerns. Praise for the series: "This must be one of the most enjoyable and thought-provoking conferences in the IP field. The high quality of the speakers is matched by the intense, audience-led debates and challenges which follow." The Honourable Mr Justice Laddie, Royal Courts of Justice, London "Faculty for this conference are always well-known 'names', well respected leaders in their fields, speaking with a combination of candor and timeliness that is unrivaled by any other forum of its kind." Honorable Marybeth Peters, Register of Copyrights, United States Copyright Office.


Framing Intellectual Property Law in the 21st Century

Framing Intellectual Property Law in the 21st Century

Author: Rochelle Cooper Dreyfuss

Publisher: Cambridge University Press

Published: 2018-10-18

Total Pages: 373

ISBN-13: 1108577660

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As knowledge production has become a more salient part of the economy, intellectual property laws have expanded. From a backwater of specialists in patent, copyright, and trademark law, intellectual property has become linked to trade through successive international agreements, and appreciated as key to both economic and cultural development. Furthermore, law has begun to engage the interest of economists, political theorists, and human rights advocates. However, because each discipline sees intellectual property in its own way, legal scholarship and practice have diverged, and the debate over intellectual property law has become fragmented. This book is aimed at bringing this diverse scholarship and practice together. It examines intellectual property through successive lenses (incentive theory, trade, development, culture, and human rights) and ends with a discussion of whether and how these fragmented views can be reconciled and integrated.


The Role of Intellectual Property Rights in Agriculture and Allied Sciences

The Role of Intellectual Property Rights in Agriculture and Allied Sciences

Author: Chandan Roy

Publisher: CRC Press

Published: 2018-07-17

Total Pages: 212

ISBN-13: 1351125265

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This important volume provides a basic understanding of the different forms of intellectual property rights in agricultural science. It provides an abundance of information on the use of IP laws in agriculture and allied subjects and their proper implementation in real-life practice. The chapter authors discuss different kinds of IP laws and their current status in developed as well as developing countries throughout the world. The protection of biological resources is crucial for food security for future generations. Biological resources are the source of several important genes. Researchers are interested in the development of plant varieties that can increase crop production, withstand dramatic climatic changes, etc. Protecting intellectual property rights in plant varieties and the rights of farmers and others are discussed in this volume. It also looks at new trends and developments in the field involving new IP strategies and the application of IP laws in agriculture and biotechnology and in the management of plant genetic resources.


The Interplay Between Competition Law and Intellectual Property

The Interplay Between Competition Law and Intellectual Property

Author: Gabriella Muscolo

Publisher: Kluwer Law International B.V.

Published: 2019-01-17

Total Pages: 633

ISBN-13: 9041186905

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Although competition law and intellectual property are often interwoven, until this book there has been little guidance on how they work together in practice. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book's markets-based approach, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world's most active jurisdictions, provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems. Written by a range of authors including judges, regulators, academics, economists and practitioners in both fields, the book provides an international comparative perspective as well as detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following: – free movement of goods and the protection of intellectual property rights; – standard essential patents & injunction in patent cases; – intellectual property rights between technological development and consumer protection; – geo-blocking; – online platforms and antitrust; – excessive prices. In this context, special attention is paid throughout to the increasing dialogue among Competition Authorities and between Judges and Competition Authorities around the world. As matchless remedy for the lack of uniformity heretofore, the book's investigation of the nexus between competition law and intellectual property in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. It will be warmly appreciated by policy makers, decision makers, regulators, practitioners and academics in both competition law and intellectual property fields