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Begin New Search Topic Intellectual Property/Copyright Publication Year within 5 Years

1. International Intellectual Property after the New NAFTA

Author:
Jeremy de Beer
Publication Date:
01-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The Canada-United States-Mexico Agreement (CUSMA) is the new high-water mark in international intellectual property (IP) law. CUSMA includes most of the Trans-Pacific Partnership provisions that were suspended in the Comprehensive and Progressive Trans-Pacific Partnership, except for a few pharmaceutical-related provisions amended after signing. Canada will be required to make meaningful changes to domestic IP laws, including copyright term extension, criminal penalties for tampering with digital rights management information, restoration of patent terms to compensate for administrative and regulatory delays, broader and longer protection for undisclosed testing data and other data, new civil and criminal remedies for the misappropriation of trade secrets, and additional powers for customs officials to seize and destroy IP-infringing goods.
Topic:
International Trade and Finance, Regional Cooperation, Intellectual Property/Copyright, NAFTA, and USMCA
Political Geography:
United States, Canada, North America, and Mexico

2. Ensuring Respect for Indigenous Cultures: A Moral Rights Approach

Author:
Brigitte Vézina
Publication Date:
05-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
From commercials to movies to fashion, Indigenous artworks have been misused in ways that are offensive to the artists who created them and disrespectful of the cultures that inspired them. Using Indigenous traditional cultural expressions (TCEs) without acknowledging their sources or providing financial compensation to the artists undermines the TCEs' traditional value and amounts to cultural theft. This paper looks at protecting TCEs using copyright's moral rights approach, which provides intellectual property protection based on acknowledgement, respect and integrity.
Topic:
Arts, Intellectual Property/Copyright, Culture, and Indigenous
Political Geography:
Canada and North America

3. A Legal Analysis of Making Copyrighted Works Available Online During the Coronavirus Crisis

Author:
Steven Tepp
Publication Date:
08-2020
Content Type:
Working Paper
Institution:
Hudson Institute
Abstract:
The Internet Archive (“IA”) began operation in 1996, at first making archival copies of websites, but soon offering those to the public and then expanding to other copyrighted works including books, sound recordings, audiovisual works, graphic arts (still images), and software, without regard to their copyright status and generally without licenses. It positions itself as an online version of a library and has offered free access to the materials it copies, albeit limiting users to one-for-one use of its copies: one copy may only be used by one account at a time.2 At the time of this writing, efforts to limit the spread of the coronavirus have resulted in “stay at home” orders in over forty states, covering more than ninety percent of the U.S. population.3 Similarly, educational institutions at all levels have closed their physical spaces and are trying to carry on via distance education. For many, including this author, the current situation was unimaginable only a couple of months ago. By any measure, this is an extreme set of circumstances.
Topic:
Intellectual Property/Copyright, Internet, Criminal Justice, and Coronavirus
Political Geography:
Global Focus

4. Does Change in Intellectual Property Rights Induce Demand for Skilled Workers? Evidence from India

Author:
Pavel Chakraborthy and Prachi Gupta
Publication Date:
11-2020
Content Type:
Working Paper
Institution:
Economic Research Institute for ASEAN and East Asia (ERIA)
Abstract:
Do incentives to innovate create demand for skilled workers more than proportionately? We study the question using the implementation of the Patent (Amendment) Act in India in 2002 to comply with the Trade-Related Intellectual Property Rights agreement. We find, first, stronger intellectual property protection has a sharper impact on demand for skilled workers for high patentable industries. Demand for skilled workers increased by 0.5%–2.9% for industries that are more patentable. The average compensation for skilled workers went up by 10% in high patentable industries but decreased for unskilled workers by about 2%. Second, the increase in wage inequality can partly be attributed to the increase in wages rather than incentives. Third, the increase in demand for skilled workers is due to both the increase in intensive margin (or price) and extensive margin (number). Fourth, the aggregate effect is completely driven by industries producing intermediate goods and big plants. Finally, the reforms led to a significant reallocation of resources between industries. The high patentable industries invested more in technology adoption, started to produce more product varieties at higher quality, and filed for more product patent claims. Broadly, we demonstrate that stronger intellectual property protection leads to higher wage inequality between industries.
Topic:
Science and Technology, Labor Issues, Intellectual Property/Copyright, and Skilled Labor
Political Geography:
India and Asia