scholarly journals IDENTITY IN LAW: THE SECOND MEDICAL USE AND THE DRUGS FOR NEGLECTED DISEASES

2018 ◽  
Vol 3 (3-4) ◽  
pp. 124-142
Author(s):  
Marcos Chein Feres
Keyword(s):  
Property Rights ◽  
Legal Theory ◽  
Methodological Approach ◽  
Chemical Substance ◽  
Neglected Diseases ◽  
Industrial Property ◽  
Institutional Approach ◽  
Legal Concepts ◽  
Point Of Departure ◽  
Second Medical Use

This paper is dedicated to presenting a normative political institutional approach, which may creatively reconstruct the hermeneutics of the Brazilian Industrial Property Rights Act in the specific case of the second medical use of known substances in the matter of drugs for neglected diseases. However, the fact of having the same chemical substance, as a point of departure, might signify that the incremented drug does not fulfil the requisites of patentability according to the traditional legal deduction practised in Brazilian courts. Methodologically, the theoretical reference here applied consists of the fusion between the ideas of law as integrity, developed by Dworkin, and law as identity, complemented by Taylor’s social theory of identity and Bankowski’s proposal of living lawfully. In fact, this methodological approach proposes the reconstruction of a system of analytical concepts based on contemporary legal theory in order to legitimatise public decisions whose purpose is to foster the research and development of drugs for neglected diseases. In this context, the legal concepts of novelty, non-obviousness and industrial application listed in the Brazilian Industrial Property Rights Act are reinterpreted according to the theoretical reference of identity in law. 

scholarly journals IDENTITY IN LAW: THE SECOND MEDICAL USE AND THE DRUGS FOR NEGLECTED DISEASES

2018 ◽  
Vol 3 (3-4) ◽  
pp. 124-142
Author(s):  
Marcos Chein Feres
Keyword(s):  
Property Rights ◽  
Legal Theory ◽  
Methodological Approach ◽  
Chemical Substance ◽  
Neglected Diseases ◽  
Industrial Property ◽  
Institutional Approach ◽  
Legal Concepts ◽  
Point Of Departure ◽  
Second Medical Use

This paper is dedicated to presenting a normative political institutional approach, which may creatively reconstruct the hermeneutics of the Brazilian Industrial Property Rights Act in the specific case of the second medical use of known substances in the matter of drugs for neglected diseases. However, the fact of having the same chemical substance, as a point of departure, might signify that the incremented drug does not fulfil the requisites of patentability according to the traditional legal deduction practised in Brazilian courts. Methodologically, the theoretical reference here applied consists of the fusion between the ideas of law as integrity, developed by Dworkin, and law as identity, complemented by Taylor’s social theory of identity and Bankowski’s proposal of living lawfully. In fact, this methodological approach proposes the reconstruction of a system of analytical concepts based on contemporary legal theory in order to legitimatise public decisions whose purpose is to foster the research and development of drugs for neglected diseases. In this context, the legal concepts of novelty, non-obviousness and industrial application listed in the Brazilian Industrial Property Rights Act are reinterpreted according to the theoretical reference of identity in law. 

scholarly journals IDENTITY IN LAW: THE SECOND MEDICAL USE AND THE DRUGS FOR NEGLECTED DISEASES

2015 ◽  
Vol 3 (3-4) ◽  
pp. 124-142
Author(s):  
Marcos Chein Feres
Keyword(s):  
Property Rights ◽  
Legal Theory ◽  
Methodological Approach ◽  
Chemical Substance ◽  
Neglected Diseases ◽  
Industrial Property ◽  
Institutional Approach ◽  
Legal Concepts ◽  
Point Of Departure ◽  
Second Medical Use

This paper is dedicated to presenting a normative political institutional approach, which may creatively reconstruct the hermeneutics of the Brazilian Industrial Property Rights Act in the specific case of the second medical use of known substances in the matter of drugs for neglected diseases. However, the fact of having the same chemical substance, as a point of departure, might signify that the incremented drug does not fulfil the requisites of patentability according to the traditional legal deduction practised in Brazilian courts. Methodologically, the theoretical reference here applied consists of the fusion between the ideas of law as integrity, developed by Dworkin, and law as identity, complemented by Taylor’s social theory of identity and Bankowski’s proposal of living lawfully. In fact, this methodological approach proposes the reconstruction of a system of analytical concepts based on contemporary legal theory in order to legitimatise public decisions whose purpose is to foster the research and development of drugs for neglected diseases. In this context, the legal concepts of novelty, non-obviousness and industrial application listed in the Brazilian Industrial Property Rights Act are reinterpreted according to the theoretical reference of identity in law. 

scholarly journals IDENTITY IN LAW: THE SECOND MEDICAL USE AND THE DRUGS FOR NEGLECTED DISEASES

2018 ◽  
Vol 3 (3-4) ◽  
pp. 124-142
Author(s):  
Marcos Chein Feres
Keyword(s):  
Property Rights ◽  
Legal Theory ◽  
Methodological Approach ◽  
Chemical Substance ◽  
Neglected Diseases ◽  
Industrial Property ◽  
Institutional Approach ◽  
Legal Concepts ◽  
Point Of Departure ◽  
Second Medical Use

This paper is dedicated to presenting a normative political institutional approach, which may creatively reconstruct the hermeneutics of the Brazilian Industrial Property Rights Act in the specific case of the second medical use of known substances in the matter of drugs for neglected diseases. However, the fact of having the same chemical substance, as a point of departure, might signify that the incremented drug does not fulfil the requisites of patentability according to the traditional legal deduction practised in Brazilian courts. Methodologically, the theoretical reference here applied consists of the fusion between the ideas of law as integrity, developed by Dworkin, and law as identity, complemented by Taylor’s social theory of identity and Bankowski’s proposal of living lawfully. In fact, this methodological approach proposes the reconstruction of a system of analytical concepts based on contemporary legal theory in order to legitimatise public decisions whose purpose is to foster the research and development of drugs for neglected diseases. In this context, the legal concepts of novelty, non-obviousness and industrial application listed in the Brazilian Industrial Property Rights Act are reinterpreted according to the theoretical reference of identity in law. 

scholarly journals Intellectual Property Rights: Institutional Approach

Upravlenie ◽  
2016 ◽  
Vol 4 (1) ◽  
pp. 74-78
Author(s):  
Рогожин ◽  
S. Rogozhin ◽  
Сазанова ◽  
S. Sazanova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Institutional Economics ◽  
Legal Theory ◽  
Point Of View ◽  
Institutional Approach ◽  
Points Of View

The authors consider the intellectual property rights from two points of view: legal theory and institutional economical theory. Contents of “intellectual property” and “intellectual rights” concepts have been revealed in this paper, and the necessity of their study has been justified not only from the legal point of view, but also from the economic one. The authors emphasize that the institutional economics in general and the economic theory of property rights, in particular, have a great potential in the study both of theoretical and practical aspects related to intellectual rights. According to the authors, it is the institutional approach which will create an effective legislation in this area.

scholarly journals Kenneth Himma’s metaphysical conceptualism as inclusive legal positivism

2021 ◽  
Vol 6 (4) ◽  
pp. 110-118
Author(s):  
V. V. Ogleznev ◽  
Keyword(s):  
Conceptual Analysis ◽  
Legal Theory ◽  
Methodological Approach ◽  
Legal Positivism ◽  
Legal Scholar ◽  
Theoretical Contribution ◽  
Current State ◽  
Qualitative Level ◽  
Law And Morality ◽  
Legal Concepts

This article is an introduction to a very original legal theory developed by a contemporary American legal scholar Kenneth Einar Himma. His theory can be conditionally called as Metaphysical Conceptualism, this fully corresponds to both his methodological approach (conceptual analysis and metaphysics of the properties of legal concepts) and the claims he defends. The analysis proposed by Himma made a great theoretical contribution to the discussion of the intersection of morality and law and brought the discussion between inclusive and exclusive legal positivism to a new qualitative level. And although his theory is not without flaws, it is certainly of serious scientific interest for understanding the current state of discussions about law and morality.

scholarly journals CASTING THE LIGHT OF THE THEORY OF OPPOSITION ONTO HOHFELD'S FUNDAMENTAL LEGAL CONCEPTS

Legal Theory ◽  
2021 ◽  
pp. 1-34
Author(s):  
João Alberto de Oliveira Lima ◽  
Cristine Griffo ◽  
João Paulo A. Almeida ◽  
Giancarlo Guizzardi ◽  
Marcio Iorio Aranha
Keyword(s):  
Conceptual Framework ◽  
Legal Theory ◽  
Analytical Framework ◽  
The Core ◽  
Recent Developments ◽  
The Law ◽  
Opposition Theory ◽  
Legal Concepts ◽  
Number Of Authors

Abstract At the core of Hohfeld's contribution to legal theory is a conceptual framework for the analysis of the legal positions occupied by agents in intersubjective legal relations. Hohfeld presented a system of eight “fundamental” concepts relying on notions of opposition and correlation. Throughout the years, a number of authors have followed Hohfeld in applying the notion of opposition to analyze legal concepts. Many of these authors have accounted for Hohfeld's theory in direct analogy with the standard deontic hexagon. This paper reviews some of these accounts and extends them employing recent developments from opposition theory. In particular, we are able to extend application of opposition theory to an open conception of the law. We also account for the implications of abandoning the assumption of conflict-freedom and admitting seemingly conflicting legal positions. This enables a fuller analysis of Hohfeld's conceptual analytical framework. We also offer a novel analysis of Hohfeld's power positions.

scholarly journals Creation of Technical Conditions for Use or Infringement – The Meanders of the Warehouse Keeper’s Liability in Light of CJEU Judgment C-567/18 Coty Germany

2021 ◽  
Vol 52 (3) ◽  
pp. 265-282
Author(s):  
Krystyna Szczepanowska-Kozłowska
Keyword(s):  
Property Rights ◽  
Point Of View ◽  
Literal Meaning ◽  
Property Right ◽  
Third Party ◽  
Property Law ◽  
Industrial Property ◽  
The Absolute ◽  
The Law ◽  
Trademark Use

AbstractOne form of industrial property right infringement is stocking for the purpose of offering or marketing. This form of infringement appears both in EU legal acts on trademarks or designs, as well as in national regulations, including those concerning patents. What is specific to stocking when compared to other activities comprising the stipulated exclusivity of the holder of industrial property rights is the fact that the literal meaning of “stocking” does not explain whether the infringing party or the warehouse keeper is the entity that places the goods in storage. The structure of industrial property rights as absolute rights would theoretically permit the view that the law is violated by both the entity that accepts the goods for storage and the entity that places such goods in storage. To determine if there is an infringement, it must be established what the goods being stocked are further intended for. It is not without significance that the finding of an infringement of industrial property rights does not depend on fault or awareness. From the point of view of the industrial property law regime, it is difficult to find arguments against this understanding of infringement by stocking. Since the offeror of goods infringing industrial property rights may be held liable even if the goods have not yet been manufactured, it is conceivable that the entity accepting such goods for stocking is also liable. This interpretation of the concept of stocking would certainly correspond to the absolute nature of liability for infringement.In a recent judgment the CJEU confirmed that the warehouse keeper who, on behalf of a third party, stores goods which infringe trademark rights only creates the technical conditions for trademark use by this third party provided that the warehouse keeper is not aware of that infringement. The CJEU also confirmed that only the person who decides about the purpose of storing the goods can be treated as an infringer. However, the CJEU did not respond to the question regarding whether the warehouse keeper could be treated as an infringer if it pursues the aims of storing the goods at the request of the entity that put the goods into storage.

scholarly journals Liberal Feminism, from Law to Art: The Impact of Feminist Jurisprudence on Feminist Aesthetics

Hypatia ◽  
2003 ◽  
Vol 18 (4) ◽  
pp. 214-235
Author(s):  
L. Ryan Musgrave
Keyword(s):  
Recent Work ◽  
Legal Theory ◽  
Feminist Jurisprudence ◽  
Feminist Legal Theory ◽  
Liberal Feminism ◽  
Critical Feminist ◽  
Legal Concepts ◽  
Feminist Aesthetics ◽  
The Impact

This essay explores how early approaches in feminist aesthetics drew on concepts honed in the field of feminist legal theory, especially conceptions of oppression and equality. I argue that by importing these feminist legal concepts, many early feminist accounts of how art is political depended largely on a distinctly liberal version of politics. I offer a critique of liberal feminist aesthetics, indicating ways recent work in the field also turns toward critical feminist aesthetics as an alternative.

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