Connection, Collaboration, and Community

2018 ◽  
Vol 7 (1) ◽  
pp. 30-43 ◽  
Author(s):  
Madhuri Tikam
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Scholarly Communication ◽  
Legal Framework ◽  
Legal Rights ◽  
Creative Commons ◽  
Shared Data ◽  
Shared Information ◽  
Legal Frameworks

This article describes how building up on the foundation of knowledge created by the previous scholars is the base of any scholarly communication. Usually scholars also willing to share their findings to others to gain guidance, approval and recognition. The user should use the shared information while protecting moral and legal rights of the authors. To protect the creator's intellectual property rights, copyright and other legal schemes were introduced. However, these legal frameworks became too rigid for users to use the shared data. Sometimes even when the creator is willing to share the data, h/she could not do the same due to copyright bindings. This gave rise to need for a supporting legal framework which protects the rights of the authors and allows him/her to share her work willingly as per the chosen criteria. The license should be easy to prepare, understand and share. Creative Commons offers the required types of licenses which are globally approved. The article discusses about the background, attributes and advantages and challenges of Creative Common's licenses.

Intellectual Property Rights and Biodiversity Management: The Case of India

2004 ◽  
Vol 4 (1) ◽  
pp. 97-114 ◽  
Author(s):  
Philippe Cullet ◽  
Jawahar Raja
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Framework ◽  
International Treaties ◽  
Human Right ◽  
Individual Level ◽  
Biological Resources ◽  
The Individual ◽  
Biodiversity Convention

This article analyzes the impacts of the international legal framework for the promotion of intellectual property rights on India's legal regime concerning the control over biological resources and inventions derived from biological resources. It focuses in particular on the newly adopted Biodiversity Act and Plant Variety Act as well as on amendments to the Patents Act and their organic relationship within the overall domestic legal framework. It analyzes these enactments in the context of the move towards the control of biological resources and derived products through property rights fostered by existing international treaties, in particular the TRIPS agreement and the biodiversity convention. This has impacts not only for control over biological resources and derived products but also more generally on the management of agriculture in India and other developing countries and the realization of food security and the human right to food at the individual level.

scholarly journals Protecting Related Creations to Fashion in the Framework of Literary and Artistic Property Rights of Iran and France

2017 ◽  
Vol 10 (5) ◽  
pp. 157
Author(s):  
Sattar Zarkalam ◽  
Amin Rooholamini
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Rights ◽  
Fashion Industry ◽  
French Law ◽  
Industrial Property ◽  
Iranian Law ◽  
Long Time ◽  
Time Periods

In today’s world where the process of development and the industry is evolving more rapidly than expected, the legal notions are going forward on their compliance in line with these developments. The increasing development of intellectual property rights and their samples is an example of this change. One of the most important issues and instances of this tendency in legal rights is associated with fashion productions and creations. France, as one of the greatest leading country in fashion industry since long time ago, has legally protected the dress and beautiful creations in the intellectual property rules and in the different time periods, under the various titles, including the drawings and models rights, industrial property rights, literary and artistic property rights. French jurisprudence has broadly interpreted the concept of the fashion industry and consequently, the dress and beauty creations that have evolved not only the goods, but all parties involved in the production of the fashion industry. In Iranian law also, although there is no progress in this field compared to French law, with an optimistic interpretation of the rules of its intellectual property, it can be associated with Droit d'-auteur rules in addition to the industrial property rights under different titles such as design and drawings, Applied artwork, folklore etc.

USE OF COPYRIGHT PROTECTED WORKS IN THE EDUCATIONAL PROCESS

2019 ◽  
Vol 1 ◽  
pp. 607
Author(s):  
Liene Vindele ◽  
Renāte Cāne
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Scientific Research ◽  
Research Process ◽  
Legal Framework ◽  
Educational Process ◽  
Step Test ◽  
Legal Norms

Copyright is one of the intellectual property rights whose main activity is to promote creativity and protect the ownership of the author. However, these rights are not absolute and are subject to certain restrictions.In the Berne Convention, Agreement on Trade-Related Aspects of Intellectual Property Rights and also WIPO Copyright Treaty embodied so-called “three-step test” allowing exceptions to copyright protection. They state that exceptions to copyright protection are admissible only in specific cases; if they comply with the rules of normal exploitation of the author's work; and do not unreasonably prejudice the legitimate rights of the author.While respecting the restrictions contained in international conventions, the Latvian Copyright Law also lays down various restrictions, when the author's work can be used without a special permit for the use of the author's work or for free, such as in the educational or research process. The free use of copyright-protected materials constitutes a restriction on the economic rights of copyright holders. These restrictions aim to strike a balance between the rights of the author and the interests of the public. Although copyright-protected works can be used in education almost everywhere in the world, restrictions on the exercise of these rights have not been clearly established.The aim of this paper is to research limits use of copyright-protected works in the educational process. Basis for this analysis will be the international and national legal framework about copyright exceptions in educational process.In the development of the research used an analytical method of scientific research, as well as a method of interpreting grammatical, teleological and historical legal norms. For the conclusions used inductive and deductive method of scientific research. 

scholarly journals Trade in counterfeit goods in Serbia: Methodological approach and quantification

Industrija ◽  
2021 ◽  
Vol 49 (1) ◽  
pp. 7-23
Author(s):  
Branko Radulović ◽  
Miljan Savić
Keyword(s):  
At Risk ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Methodological Approach ◽  
Legal Framework ◽  
Negative Effects ◽  
Counterfeit Goods ◽  
Product Categories ◽  
Counterfeit Products

The paper represents the first step in quantifying the categories of goods with the highest risk of being counterfeit during import into Serbia. Firstly, we present a methodology for quantifying the level of counterfeiting, its advantages, and its limitations. Secondly, we determine the product categories most likely to contain counterfeit products. Likewise, by using the OECD methodology, the GTRIC-p indicator for Serbia was formed, enabling comparison with OECD member countries. Based on the results, Serbia does not significantly differ from EU countries in terms of structure and product categories most at risk. The negative effects of imports of counterfeit products are borne mainly by the foreign intellectual property rights holders whose counterfeit products are imported into Serbia. In this context, despite the legal framework in place, incentives for its proper implementation are questionable.

scholarly journals Is Creative Commons a Panacea for Managing Digital Humanities Intellectual Property Rights?

2019 ◽  
Vol 38 (3) ◽  
pp. 34-48 ◽  
Author(s):  
Yi Ding
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Case Studies ◽  
Intellectual Property Rights ◽  
Digital Humanities ◽  
Academic Librarians ◽  
Critical Perspective ◽  
Academic Field ◽  
Creative Commons ◽  
The Us

Digital humanities is an academic field applying computational methods to explore topics and questions in the humanities field. Digital humanities projects, as a result, consist of a variety of creative works different from those in traditional humanities disciplines. Born to provide free, simple ways to grant permissions to creative works, Creative Commons (CC) licenses have become top options for many digital humanities scholars to handle intellectual property rights in the US. However, there are limitations of using CC licenses that are sometimes unknown by scholars and academic librarians. By analyzing case studies and influential lawsuits about intellectual property rights in the digital age, this article advocates for a critical perspective of copyright education and provides academic librarians with specific recommendations about advising digital humanities scholars to use CC licenses with four limitations in mind: 1) the pitfall of a free license; 2) the risk of irrevocability; 3) the ambiguity of NonCommercial and NonDerivative licenses; 4) the dilemma of ShareAlike and the open movement.

Sign in / Sign up

Export Citation Format

Share Document