Property Rights: A Re-Examination
Property Rights: A Re-Examination

Author: J. E Penner

Publisher: Oxford University Press

Published: 2020-02-14

Total Pages: 257

ISBN-13: 0192565796

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Ranging over a host of issues, Property Rights: A Re-Examination pinpoints and addresses a number of theoretical problems at the heart of property theory. Part 1 reconsiders and rejects, once again, the bundle of rights picture of property and the related nominalist theories of property, showing that ownership reflects a tripartite structure of title: the right to immediate, exclusive, possession, the power to license what would otherwise be a trespass, and the power to transfer ownership. Part 2 explores in detail the Hohfeldian theory of jural relations, in particular liberties and powers and Hohfeld's concept of 'multital' jural relations, and shows that this theory fails to illuminate the nature of property rights, and indeed obscures much that it is vital to understand about them. Part 3 considers the form and justification of property rights, beginning with the relation an owner's liberty to use her property and her 'right to exclude', with particular reference to the tort of nuisance. Next up for consideration is the Kantian theory of property rights, the deficiencies of which lead us to understand that the only natural right to things is a form of use- or usufructory-right. Part 3 concludes by addressing the ever-vexed question of property rights in land.

Property Rights
Property Rights

Author: James E. Penner

Publisher:

Published:

Total Pages: 233

ISBN-13: 9780191868535

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Ranging over a host of issues, Property Rights: A Re-Examination pinpoints and addresses a number of theoretical problems at the heart of property theory. Part 1 reconsiders and refutes the bundle of rights picture of property and the related nominalist theories of property; Part 2 explores in detail the Hohfeldian theory of jural relations; Part 3 considers the form and justification of property rights, beginning with the relation an owner's liberty to use her property and her 'right to exclude', with particular reference to the tort of nuisance, anb concludes by addressing the ever-vexed question of property rights in land.

Patents in the Knowledge-Based Economy
Patents in the Knowledge-Based Economy

Author: National Research Council

Publisher: National Academies Press

Published: 2003-08-11

Total Pages: 352

ISBN-13: 0309167183

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This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.

Nanotechnology Intellectual Property Rights
Nanotechnology Intellectual Property Rights

Author: Prabuddha Ganguli

Publisher: CRC Press

Published: 2017-12-19

Total Pages: 292

ISBN-13: 1351833138

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"We need to seamlessly integrate IPR in the standard graduate/post graduate courses in science, technology, commerce, creative arts, etc., without over burdening the students with law" —Dr Prabuddha Ganguli, CEO, VISION-IPR Nanotechnology Intellectual Property Rights: Research, Design, and Commercialization offers an overview of the dynamics of development and commercialization in nanotech, where strategic integration of IP, R&D, and commercialization has become imperative. It demystifies issues of intellectual property rights (IPR) associated with research, design, technology transfer, and commercialization of innovations in technology-led areas such as nanotech. Gives all stakeholders vital information to instill confidence by helping them better understand their individual roles in the IPR process Designed for a diverse readership that may not have background knowledge of the legal nuances of IPR, this book clearly articulates techno-legal aspects of nano-related innovations to aid their effective integration into businesses. This resource stands apart by using numerous case studies and pictorial illustrations, addressing aspects ranging from ideation to commercialization of IP-enabled nanotechnology. It illustrates the evolving patent landscape in nanotechnology, explores the international patent classification system, and details patenting procedures in a range of jurisdictions, including search for nanotechnology prior art and creation of search strategies. The authors discuss patent-led nanotechnology businesses, presenting a wide range of case studies that address construction of valuable patent portfolios, growth of start-ups, and consolidation of IP-led nanobusinesses through mergers, acquisitions, joint ventures, strategic investments, etc. They also cover patent litigations in nanotechnologies and the significance of strategically crafting agreements related to IP transactions. In addition, they address compliance with contractual obligations, the importance of well-drafted patent specifications, and sensitive aspects of conducting techno-legal due diligence prior to the development and marketing of products. Also covered are vulnerabilities in challenging/defending the validity of patents and negotiating settlements. Integrating use of the IPRinternalise® model for capacity building in human and infrastructural resources, the authors assess the future of IP landscaping in nanotechnology. Here, they focus on patentability, public perception of risks to health and ecosystems, institutionalized management of intellectual property rights, and the steps that will be necessary to meet these and other such challenges on the way to realizing profits in nanotech.

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.

Intellectual Property Rights in Pharmaceutical Test Data
Intellectual Property Rights in Pharmaceutical Test Data

Author: Adam Buick

Publisher: Springer Nature

Published: 2023-05-12

Total Pages: 236

ISBN-13: 303129436X

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This book considers the intellectual property protection of clinical test data that has been submitted to governments, in particular through test data exclusivity rights. It focuses on how these intellectual property rights first emerged in the early 1980s, how they have globalised over the past four decades, and what impact they have had upon access to medicine. This book makes a number of significant and original contributions to the literature around the protection of submitted test data. First, the book draws upon the theory of regulatory globalisation to provide an explanation of how intellectual property rights in submitted pharmaceutical test data have become nearly ubiquitous in the legal systems of most major economies. Second, through a comprehensive analysis and synthesis of provisions on the protection of submitted test data in free trade agreements, as well as a comparison of a range of national approaches to the protection of submitted test data, it reveals the broader global regulatory pattern that has given rise to these intellectual property rights. Third, by analysing data on drug approvals in the US, it provides an empirical insight into the impact of test data exclusivity in national pharmaceutical markets. Fourth, the book covers a number of developments regarding test data exclusivity that have occurred as a result of responses to the COVID-19 pandemic, both at the national level as well as at the World Trade Organisation (WTO). This book will appeal to academics researching the intersection of intellectual property and the life sciences, civil society activists working to promote access to medicines, and students (particularly those at the post-graduate level) studying the relationship between intellectual property and medicine.

Modern Studies in Property Law - Volume 1
Modern Studies in Property Law - Volume 1

Author: Elizabeth Cooke

Publisher: Bloomsbury Publishing

Published: 2001-03-12

Total Pages: 422

ISBN-13: 1847313124

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This book comprises a collection of papers given at the third biennial conference of the Centre for Property Law at the University of Reading held in March 2000,and is the first in the series 'Modern Studies in Property Law'. The Reading conference is becoming well-known as a unique opportunity for property lawyers to meet and confer both formally and informally; this volume marks a new development, being a refereed and revised selection of the papers given there. Speakers from around the world focus on issues of immediate importance ranging from human rights to electronic conveyancing, as well as timeless but ever-relevant subjects such as trusts, mortgages and the numerus clausus of property rights. As ever, a range of international topics are discussed, this time including land registration in the Nordic countries, and the re-privatisation of land in Eastern Europe.