Phd Thesis On Intellectual Property Rights

Phd Thesis On Intellectual Property Rights-38
While patents protect intellectual property rights, exclusions protect use – exceptions acts as a compromise.

While patents protect intellectual property rights, exclusions protect use – exceptions acts as a compromise.

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The study will focus upon issues related to how benefit sharing could be enforced between developed and developing countries in dispute.

This study critically examines whether intellectual property rights in the UK provide adequate damages by comparing and contrasting them with that of the United States.

This thesis argues that the existing laws of competition and human rights can be combined to limit the rights of owners of intellectual property (IP).

The need for this thesis arises from concerns about the impact of enforcement of IP rights, say on patients needing essential medicines or students seeking to obtain important material from the internet.

This study will explore the possibility of expanding this list to include other forms of art, yet seek to ensure that suitable limitations are placed to prevent unsuitable copyright from being granted in every case.

The purpose of this study is to discuss the need for, convenience and feasibility of harmonization among (i) the enforcement of conventions devised to protect biodiversity (such as the Convention on Biological Diversity); (ii) the protection of traditional knowledge and local interests (particularly of developing countries) and; (iii) the enforcement of intellectual property rights, through the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS).Intellectual property rights are most commonly justified by their encouragement of the desire create.The problem, as advocated by many critics, lies within the boundaries of this protection.Using case law examples, a conclusion will be proposed which seeks to ease the conflict between business law and trade secrets.How the law defines trade secrets, how it protects them and the actions that can be taken will be critically assessed and applied to patents and trademarks.Disclaimer: This work was produced by one of our professional writers as a learning aid to help you with your studies.If you would like to view other samples of the academic work produced by our writers, please click here.Some steps have been taken to address these concerns, with the World Trade Organization Doha Declaration on the TRIPS Agreement and Public Health and the One Lap Top Per Child project.Yet the owner of a national IP right can still object to a valuable project if it comes within the scope of that IP right, say the supply of providers of emergency services with the only communications technology which will work in extreme conditions in air ambulances.IP law should not be viewed in legal isolation, however, and concerns about the impact of enforcement of IP can also be framed in terms of human rights and competition.This work argues, with a focus on the jurisdictions of the United Kingdom (UK) and on patents, that courts considering patent actions can and must, without the need for any legislative or policy change, combine the UK Human Rights Act 1998 (HRA), the European Convention on Human Rights (ECHR), the UK Patents Act 1977 (PA) and article 82 EC Treaty such that in some limited cases there will be no finding of patent infringement.

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