Preface - Table of Cases - Table of Statutes - Table of Statutory Instruments - Table of European and International Legislation - Introduction - PART I: PATENTS AND CONFIDENTIAL INFORMATION - Patents - Patentability (1) - Patentability (2) - Ownership - Protecting the Patent - Breach of Confidence - PART II: TRADE MARKS AND PASSING OFF - Trade Marks - Registration of Trade Marks - Protection of Trade Marks - Passing Off - Character Merchandising - Trade Marks - International Provisions - PART III: COPYRIGHT AND DESIGN - Copyright - Subsistence (1) - Subsistence (2) - Infringement - Defences - Ownership and Duration of Copyright and Moral Rights - Performance Rights - Registered Designs - Unregistered Designs - PART IV: COMPETITION - Intellectual Property and Competition Law - PART V: FUTURE DEVELOPMENTS - The Future of Intellectual Property - Bibliography - Index

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Intellectual Property Law

Soil salinity and its associated effects on soil microorganisms, greenhouse gas emissions, crop yield, biodiversity and desertification: A review.

Received 1 September 2010, revised 3 November 2010 Do intellectual property rights (IPR) affect foreign direct investment (FDI) into emerging economies? While conventional wisdom supports a strong IPR-FDI relationship, the empirical evidence is both mixed and suffers from several shortcomings. To help resolve this paradox, this article investigates the effects of IPR on US FDI in 22 emerging economies using data from 2006 to 2008. It tests two competing, independent measures of IPR protection, as well as disaggregated FDI data to investigate the effects of IPR protection on investments across nine industries economy-wide, and across eight sectors within the manufacturing industry. The empirical results consistently fail to support the hypothesis that IPR protection strongly affects advanced country FDI into emerging economies. Therefore, developing countries may have considerable leeway in IPR design and enforcement; IPR regimes can be tailored to fit a developing country’s domestic socio-economic and cultural conditions without affecting it as a destination for foreign investment. IPRs are not an end-inthemselves, rather they are a means by which to increase investment in innovative activity; they should therefore be designed and enforced with this goal in mind.

http://nopr.niscair.res.in/bitstream/123456789/10684/1/JIPR%2015%286%29%20415-428.pdf

Intellectual Property Protection and US Foreign Direct Investment in Emerging Economies

Drawing on interviews with Indian and Brazilian farmers’ rights activists, lawyers, agronomists and plant breeders, this article aims at better understanding how farmers’ rights are protected on paper and implemented on the ground in these two countries. Brazil and India offer important case studies because they are biologically megadiverse countries, and because small farmers represent an important segment of the rural economy. In this article, I show that India has adopted an ownership approach to farmers’ rights, while Brazil leans towards a stewardship approach. Based on an examination of the progress made in enforcing these rights, I further argue that the stewardship model adopted by Brazil is more conducive to the realization of farmers’ rights, and I explore why this is the case. Finally, I show how farmers’ rights provisions in the Brazilian and Indian legislations represent fragile gains that could be curtailed by several bills currently under discussion in the field of seed and plant variety pr...

Seed wars and farmers’ rights: comparative perspectives from Brazil and India

This paper aims to get a better understanding of the motivational and transaction cost features of building global scientific research commons, with a view to contributing to the debate on the design of appropriate policy measures under the recently adopted Nagoya Protocol. For this purpose, the paper analyses the results of a world-wide survey of managers and users of microbial culture collections, which focused on the role of social and internalized motivations, organizational networks and external incentives in promoting the public availability of upstream research assets. Overall, the study confirms the hypotheses of the social production model of information and shareable goods, but it also shows the need to complete this model. For the sharing of materials, the underlying collaborative economy in excess capacity plays a key role in addition to the social production, while for data, competitive pressures amongst scientists tend to play a bigger role.

Global scientific research commons under the Nagoya Protocol: Towards a collaborative economy model for the sharing of basic research assets

The intention of this chapter is to formulate thought-provoking ideas about legitimacy and close neighbour terms. In particular, the chapter considers ‘legitimacy’ to not only be a very relevant term for business ethics in general, but also highly relevant in answering the question of how business ethics relates to law. Rather than defining legitimacy right away, the authors use the first part of this chapter to develop a comprehensive understanding of legitimacy by relating it to close neighbour terms, such as power, recognition, trust, justification and criticism on the one hand, and to legality in its contrast to and overlap with legitimacy, on the other. In the second part of this chapter, we offer concrete (real world) examples and ideas of the interaction between legitimacy and law. These examples are drawn from traditional legal disciplines such as tax law and human rights law, as well as more modern legal preoccupations such as intellectual property law, laws relating to artificial intelligence and autonomous cars, the latest organic seed certification laws etc. We envisage these examples as food-for-thought for future business ethics teaching and research at the interface of legitimacy and legality, and business ethics and its legal contexts.

Law, Business and Legitimacy

Ethics is a central and growing concern in all applications utilizing artificial intelligence (AI). Earth observation (EO) and remote sensing (RS) research relies heavily on both big data and AI or machine learning (ML). While this reliance is not new, with increasing image resolutions and the growing number of EO/RS use cases that have a direct impact on governance, policy, and the lives of people, ethical issues are taking center stage. In this article, we provide scientists engaged with AI for EO (AI4EO) research, 1) a practically useful overview of the key ethical issues emerging in this field, with concrete examples from within EO/RS to explain these issues, and 2) a first road map (flowchart) that scientists can use to identify ethical issues in their ongoing research. With this, we aim to sensitize scientists to these issues and create a bridge to facilitate constructive and regular communication among scientists engaged in AI4EO research, on the one hand, and ethics research, on the other hand. The article also provides detailed illustrations from four AI4EO research fields to explain how scientists can redesign research questions to more effectively grab ethical opportunities to address real-world problems that are otherwise akin to ethical dilemmas with no win-win solution in sight. The article concludes by providing recommendations to institutions that want to support ethically mindful AI4EO research and provides suggestions for future research in this field.

Earth Observation and Artificial Intelligence: Understanding emerging ethical issues and opportunities

The Compulsory License Regime in India: Past, Present and Future. Research Report funded by and submitted to the Japanese Patent Office

In a market of free knowledge, knowledge has all the characteristics of a public good. This may lead to a ‘free-rider’ problem, resulting in market-failure in the form of sub-optimal (incentives for) creation of knowledge in the form, for example, of artistic works and inventive activity. While exclusive rights regimes such as those incorporated in copyrights or patent laws seek to address these market failures, unbridled exclusivity can itself lead to other market failures, by defeating, for example the public interest in wide dissemination of works and inventions. Accordingly, intellectual property (IP) protection regimes are traditionally designed to avoid market failures associated with public goods on the one hand, and those associated with over protection/privatization on the other. This article revisits the market failure theory in the context of plant variety protection regimes in developing countries, with specific reference to the Indian regime in comparison with UPOV 1991. It finds that, unlike knowledge incorporated in other forms of intellectual creations (artistic works, inventions etc.), knowledge contained in formally bred/improved plant varieties are such that do not meet the criteria of non-excludability that characterizes public goods. Outside the scope of such formally bred varieties, farmer ‘copying’ of seeds can (and arguably, does) actually overcome the public goods problem associated with sub-optimal distribution and can even lead to further innovations. Furthermore, the article argues that the most popular IP protection regimes and associated governmental policies in relation to plant varieties fail to recognize the actual market failures that plague this field of innovations today, thereby introducing new forms of market failure rather than addressing any existing ones. The new market failures that can result from such regimes and policies are not limited to sub-optimal dissemination, but, most pertinently, include skewing of the balance of incentives away from informal (farmer level) innovations and in situ agrobiodiversity conservation. The plant breeders’ rights regime under UPOV 1991 and similar legislations, need, therefore, to be re-evaluated, especially in the context of agro-biodiversity rich developing countries. Legal analysis of a recent farmer-innovation related controversy in India, as well as the plant variety application trends under the Indian Protection of Plant Varieties and Farmers’ Rights Act, 2001 (‘PPV&FR Act’) support the findings of this paper.

Is UPOV 1991 a Good Fit for Developing Countries? Re-thinking ‘Market Failure’ & ‘Public Goods Theory’ in the Plant Breeding Sector

Earth observation (EO) is a prime instrument for monitoring land and ocean processes, studying the dynamics at work, and taking the pulse of our planet. This article gives a bird's eye view of the essential scientific tools and approaches informing and supporting the transition from raw EO data to usable EO-based information. The promises, as well as the current challenges of these developments, are highlighted under dedicated sections. Specifically, we cover the impact of (i) Computer vision; (ii) Machine learning; (iii) Advanced processing and computing; (iv) Knowledge-based AI; (v) Explainable AI and causal inference; (vi) Physics-aware models; (vii) User-centric approaches; and (viii) the much-needed discussion of ethical and societal issues related to the massive use of ML technologies in EO.

Mrinalini Kochupillai

Papers

Law, Business and Legitimacy

Earth Observation and Artificial Intelligence: Understanding emerging ethical issues and opportunities

The Compulsory License Regime in India: Past, Present and Future. Research Report funded by and submitted to the Japanese Patent Office

Is UPOV 1991 a Good Fit for Developing Countries? Re-thinking ‘Market Failure’ & ‘Public Goods Theory’ in the Plant Breeding Sector

Artificial intelligence to advance Earth observation: a perspective