This Guide identifies the legal questions which typically arise in the negotiation and preparation of such licenses and agreements, points out alternative approaches to those questions, draws special attention to those features which may be detrimental to the interests of institutions and enterprises in developing countries, and suggests the solutions which are most likely to serve their interests.
This Guide identifies the legal questions which typically arise in the negotiation and preparation of such licenses and agreements, points out alternative approaches to those questions, draws special attention to those features which may be detrimental to the interests of institutions and enterprises in developing countries, and suggests the solutions which are most likely to serve their interests.
The chapters in this volume are based on the papers that were presented at the Calcutta seminar organized in March 1992 by the ILA Committee on Lehal Aspects of a New International Economic Order (NIEO). The conference focused on the right to development, in particular its ideas and ideology, human rights aspects and implementation in specific areas of international law. The volume is accordingly organized in three parts. The chapters cover a vast area of subjects, derived from the UN Declaration of the Right to Development. From the developed and underdeveloped world 33 authors discuss topics including: contents, scope and implementation of the right to development; human rights of individuals and peoples; co-operation between the European Community and the Lomé IV states; current developments in investments treaties; refugee protection; development and democracy; concept of sustainable development; environmental issues; protection of intellectual property; transfer of technology; human rights in international financial institutions; and the legal conceptualization of the debt crisis. Professor Oscar Schachter observes in the first chapter that the Declaration continues to be a `challenging subject for legal commentary' for its `detable legal status, its combination of collective and individual rights, its expansive conception of development and its equivocal obligation'. Apart from support, doubts about the concept to the right to development may also be found in this volume.
This collection offers an overview of the issues involved concerning the interface between human rights and intellectual property rights (IPRs). It makes clear that two schools of thought have developed. The first school maintains that human rights and IPRs are in fundamental conflict. Strong protection of IP is incompatible with human rights obligations. Thus, for resolving the conflict between the two, it is suggested that human rights should always prevail over IPRs. Whereas the second school of thought asserts that human rights and IPRs pursue the same aim; that is to define the appropriate scope of private monopoly power to create incentives for authors and inventors, while ensuring that the public has adequate access to the fruits of their efforts. Accordingly, they argue, human rights and IP are compatible. However, what is needed is to strike a balance between the provision of incentives to innovate and public access to products of that innovation. This collection explores this balance and the extent to which human rights standards can influence the interpretation of IP norms, for example in defining the scope of IPRs. The discussion on the relationship of human rights and IPRs is an ongoing one; this volume makes a valuable contribution to the debate and will further stimulate the interest to explore and address these complex and challenging issues. This is the second volume in The Raoul Wallenberg Institute of Human Rights and Humanitarian Law ‘New Authors’ series, which contains the best theses from the human rights masters programmes in Lund and Venice.
2020 marks the 50th year of the coming into force of the World Intellectual Property Organization (WIPO) Convention 1967 and the formal establishment of WIPO. This unique and wide-ranging Research Handbook brings together eminent scholars and experts who assess WIPO's role and programmes during its first half-century, as well as discussing the challenges facing the organization as it enters its second.
This Manual focuses on issues essential for understanding licensing, including: the context in which licensing may occur; key terms of a licensing agreement and negotiation methods; and how to prepare for and negotiate a win-win licensing contract.
The emergence of Europe as a unified trading block has profound implications for those who do business with European countries. European Union Law is written for lawyers and business professionals who require information about the changes that are taking place as a result of the unification process in the member states of the European Union. Unlike other materials on Europe, this book is written primarily for lawyers outside the EU. The book serves three important functions: It provides a comprehensive introduction to European law, law-making institutions and dispute settlement mechanism It presents European legal regimes for the general areas which are relevant to foreign lawyers, including corporate law, environmental regulation, securities regulation, antitrust law, mergers and acquisitions, licensing, product liability, and dumping It examines the European regulations of some important specific industries such as broadcasting and telecommunications. The editors and authors of this work are among the most prominent academic and professional authorities in the area of European Law. This book is the single most useful reference tool for those in need of current European Union information.
During the 1980s and 1990s Asian 'developmental states' attracted much attention in political science and economics literature, but the role of law in the economic development was neglected. It was only after the Asian crisis of 1997 that many analysts began to focus on a lack of regulation and transparency as a major factor triggering the crisis. The crucial questions now are how successful the current reforms will be, and which features of the Asian approach to commercial law will be resistant to reform pressures. This book examines the prospects for commercial law reform in Asia, giving particular attention to Japan and Singapore, as frequently cited role models for Asian developmentalism, and also examining development related business laws in countries such as China, Korea, Indonesia, Malaysia, Vietnam and the Philippines.
