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Begin New Search Topic Intellectual Property/Copyright Political Geography Global Focus

1. 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

2. The Ukraine Whistleblowers and the Rise of Partisan Whistleblowing

Author:
Hannah Gurman
Publication Date:
09-2019
Content Type:
Commentary and Analysis
Institution:
Foreign Policy In Focus
Abstract:
This moment should spark a conversation about the place of national security whistleblowing in a democratic society.
Topic:
International Security, International Affairs, Intellectual Property/Copyright, Political Activism, and Democracy
Political Geography:
America and Global Focus

3. Global Issues and Business in International Relations: Intellectual Property Rights and Access to Medicines

Author:
Yoshiko Kojo
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
International Relations of the Asia-Pacific
Institution:
Japan Association of International Relations
Abstract:
In international relations, globalization transfers the location of governance from nation-states laterally to such private actors as nongovernmental organizations (NGOs) and multinational firms, as well as vertically to local governments and supranational organizations. The purpose of this article is to clarify how the competitions among firms affect the problem of global issues by examining the case of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) and public health. This study shows why most of least developed countries implemented the TRIPS despite the warning of NGOs not to implement earlier for the sake of access to medicines. In order to understand the positive attitude of least developed countries toward the TRIPS, we have to examine how the distribution of pharmaceutical firms capacities in developing countries affect the implementation of the TRIPS Agreement. The existence and different capacities of generic pharmaceutical companies in developing companies are important elements of state policy toward the TRIPS.
Topic:
International Relations, Globalization, International Trade and Finance, Intellectual Property/Copyright, Business, and Medicine
Political Geography:
Global Focus

4. Notice and Takedown in Everyday Practice

Author:
Jennifer M. Urban, Joe Karaganis, and Brianna L. Schofield
Publication Date:
03-2017
Content Type:
Research Paper
Institution:
American Assembly at Columbia University
Abstract:
It has been nearly twenty years since section 512 of the Digital Millennium Copyright Act established the so-called notice and takedown process. Despite its importance to copyright holders, online service providers, and Internet speakers, very little empirical research has been done on how effective section 512 is for addressing copyright infringement, spurring online service provider development, or providing due process for notice targets. This report includes three studies that draw back the curtain on notice and takedown: 1. using detailed surveys and interviews with more than three dozen respondents, the first study gathers information on how online service providers and rightsholders experience and practice notice and takedown on a day-to-day basis; 2. the second study examines a random sample from over 100 million notices generated during a six-month period to see who is sending notices, why, and whether they are valid takedown requests; and 3. the third study looks specifically at a subset of those notices that were sent to Google Image Search.
Topic:
Intellectual Property/Copyright and Information Age
Political Geography:
Global Focus

5. Terms of Service and Human Rights: an Analysis of Online Platform Contracts

Author:
Jamila Venturini, Luiza Louzada, Marilia Maciel, Nicolo Zingales, Konstantinos Stylianou, and Luca Belli
Publication Date:
12-2016
Content Type:
Research Paper
Institution:
American Assembly at Columbia University
Abstract:
Nicolo Zingales and colleagues’ new report, Terms of Service and Human Rights: an Analysis of Online Platform Contracts, analyzes the Terms of Service of 50 online platforms and assesses how they deal with the human rights to freedom of expression, privacy, and due process.
Topic:
Intellectual Property/Copyright and Information Age
Political Geography:
Global Focus

6. The New Innovator’s Commercialization Dilemma

Author:
James Hinton and Kent Howe
Publication Date:
04-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
This report outlines the impetus behind the Centre for International Governance Innovation (CIGI) International Intellectual Property Law Clinic, which operated for three months in 2014. It consisted of a partnership among the CIGI International Law Research Program (ILRP), Communitech (the Region of Waterloo’s hub for commercialization of innovative technologies) and leading intellectual property (IP) law firms. The report describes the new innovator’s commercialization dilemma — a multifaceted dilemma arising from lack of IP legal knowledge, lack of financial resources and the high costs associated with IP protection, all of which combine to place the new innovator in a vulnerable position at the early stages of their commercialization timeline. After briefly surveying the current environment for entrepreneurship-based clinics, the report describes the elements and structure of the CIGI clinic. The advantages for participating students as well as first-hand accounts of the benefits of the CIGI clinic are also detailed. Taking lessons learned from the CIGI clinic, the report illustrates how an IP-focused law clinic can help to address the commercialization dilemma. The report describes the manner in which IP clinics might be structured, while reviewing the associated benefits and challenges for each structure. The report also makes brief recommendations for governments, law societies, law schools and IP offices to support the provision of IP legal services through the law clinic model.
Topic:
Environment, International Trade and Finance, Intellectual Property/Copyright, Governance, and Entrepreneurship
Political Geography:
Global Focus

7. Climate Technology Partnerships: Form, Function and Impact

Author:
Arunabha Ghosh, Anupama VijayKumar, and Sudatta Ray
Publication Date:
10-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
With halting progress in climate negotiations, there are growing calls for partnerships among self-selected pools of countries, in the expectation that they would facilitate consensus (among both developed and developing countries) and result in faster decision making. In critically examining such a claim, this paper asks: what kinds of partnerships could facilitate coordinated climate-related action across several countries? By focusing largely on technology partnerships (a key demand in climate negotiations), it examines characteristics of successful partnerships and the conditions under which they are created and sustained. While the motivations of existing partnerships are diverse, their functional scope has remained limited. A review of more than 30 initiatives reveals that very few had been designed to extend beyond sharing knowledge and some preliminary research and development activities. Even fewer had enlarged functional focus on actual transfer of equipment, joint production or extensive deployment mandates. The paper intensively analyzes the purpose, membership and governance of four partnerships. Drawing on their lessons, the paper identifies critical features — appropriate financing, leveraging capacity, flexible intellectual property rules and coordination across several institutions — which could become the foundation of new partnerships to deliver measurable action and possibly increase trust among negotiating parties.
Topic:
Climate Change, Development, Energy Policy, Science and Technology, Intellectual Property/Copyright, and Governance
Political Geography:
Global Focus

8. The Inscription of Technology in Life

Author:
Rajshree Chandra
Publication Date:
05-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
With innovation in the genetic engineering now being rewarded in the form of intellectual property rights, there are new things that are beginning to count as property and as objects of human invention – plant varieties, seeds, germplasm, genetic sequences, DNA and so on. To bring the realm of “biology” within the ambit of intellectual property, to juridify aspects of the biological as products of human invention is to bring new epistemic objects into visibility. While these are revealed through practices of biotechnology, law translates it into a capacity for monopolistic appropriation for biotech innovators. The new correlatives of innovation and intellectual property re-engineer not just the biology of an organism, but the very categories that organized property and intellectual property. What instrumentalities of technology and law co-produce biotic property? I examine these instrumentalities in a two paper series: while the first paper seeks to lay out the work of technology in the creation of new biological artefacts, and consequently new economic spaces and property claims, the second paper would seek to examine the role of law in translating inventive claims as property claims.
Topic:
Science and Technology, Intellectual Property/Copyright, and Law
Political Geography:
South Asia, India, and Global Focus