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682 Uppsatser om Intellectual property law - Sida 1 av 46

Internationell tvistlösning inom immaterialrättens område : Utvecklingen av tvistlösningsmekanismer och dess genomslag

International conventions signifies international trade, which in itself would be ineffective if there were no dispute settlement mechanisms. This essay intends to examine how dispute settlement mechanisms between states have developed over the years and a large emphasis is placed on the World Trade Organizations (WTO) Dispute Settlement Body since it?s had great significance for the efficiency of international law. In order to show the need for dispute settlement mechanisms, a background to the conventions that have called for the development of the DSB is in order. This essay focuses on Intellectual Property Rights (IPR), and the agreement that currently regulate intellectual property rights, Trade Related Aspects of Intellectual Property Rights (TRIPS), but also its connection to the DSB.

Intellectual Property Rights : A Barricade to Technological Development. An Ethical Analysis on the Less Developed Countries

Debate over Intellectual Property Rights ?IPRs? particularly patent and copyrights is mainly on forward-looking industries in computer software. As part of a trade deal reached in 1994, the member nations of the World Trade Organisation must adhere to a global agreement known as TRIPS, for the Trade- Related Aspect of Intellectual Property Rights.This study is to analyse the ethical conception of Intellectual Property Rights and in particular its implications on the developing countries in relation to TRIPS. The approach will be to analyse a broad philosophical theories of property to see if there is any justification for a software program to be treated as private property and also argue base on John Rawls two principles of justice in relation to TRIPS Agreement. Some reflections will be put on the use of open-source software by less developing countries.From the study it was asserted that, strong IPRs protection would hinder technological transfer and indigenous learning activities in the early stage of industrialisation when learning takes place through reverse engineering.

Intellectual Property Rights in Software : A Critical Investigation from an Ethical Perspective

The development of software was considered until the beginning of the 1990th as a cathedral like product development in closed companies. This way of development changed in the last decade. Open source software (OSS) development challenged this consideration significantly. OSS is produced in co-operation by skilled people, distributed and used by many moral agents. The result, the software itself, can be studied and modified.

Impact of Regulations on Innovation Performances in EU:

Innovation has been identified as one of the key factors for economic growth long ago. However, the emergence of ?knowledge century? further strengthened the role of the concept since proper management of the knowledge is essential to make the best out of the innovative capacity of the companies as well as the countries. This necessitates a balanced intellectual property rights (IPR) systems, since these rights provide the basis to solve the market failures faced by innovating firms by creating property rights over knowledge. There is an inherent dilemma between invention and diffusion.

Gränsåtgärder mot varumärkesförfalskade varor

Infringement of intellectual property rights often causes significant economic damage. The problem with illegal activity concerning counterfeiting is constantly increasing. The development has lead to constitute an extensive international activity which is harmful for intellectual propery owners, consumers and the society in general. Competing products tend to be increasingly similar to each other, with rather similar marketing-, sales-, and pricingstrategies. As a result, the trademark strongly affects consumers? selection-process during purchase.

Intellectual Capital Statement -The German Process Approach

The Intellectual Capital Statement facilitates the mapping of interdependent and simultaneously impacting intellectual capital factors in a unique way. The process-orientation of the German approach differentiates it from its predecessors and gives an advantage over alternative procedures. By combining these aspects with the possibility to communicate the company?s efforts and progress in the field of intellectual capital, the German Intellectual Capital Statement (Wissensbilanz) provides an effective management tool..

Upphovsrätten incitament eller slutstation? En ideologikritisk analys av The Association of American Publishers och Authors Guilds syn på upphovsrätt.

The aim of the following thesis is to examine if the ideology behind the copyright laws of today poses a threat to creativity and the cultural heritage. The organizations Association of American Publishers and Authors Guild are subject to an ideology- analysis which seeks to examine their ideological views on copyright and the possible threat to creativity such a view brings. The conflict between the two organizations and Google Book Search is used as a context where the ideology is being brought to light. Stanford Law School professor, Lawrence Lessigs work is used as theory and an alternative to the examined view on copyright. The result suggests that the organizations see copyright as the only effective incentive to creation and therefore they think stronger Intellectual property laws are needed.

ACTA-avtalets internetregler : Förenliga med EU:s grundläggande fri-och rättigheter?

In tune with the cross-border trade the infringement of intellectual property rights has become a growing problem in Europe and the rest of the world. In June 2008 negotiations about a new international agreement was initiated between Europe, its member states and ten other countries, which will restrict infringements of intellectual property rights. The agreement is called ACTA, which stands for Anti-Counterfeiting Trade Agreement. On January 26, 2012 the European Union (EU) and twenty-two of its twenty-seven member states signed a letter of intent to the agreement and the EU?s internal processes of the agreement began.

Omvända skattskyldigheten i byggsektorn Gränsdragningen mellan vara och tjänst?

In tune with the cross-border trade the infringement of intellectual property rights has become a growing problem in Europe and the rest of the world. In June 2008 negotiations about a new international agreement was initiated between Europe, its member states and ten other countries, which will restrict infringements of intellectual property rights. The agreement is called ACTA, which stands for Anti-Counterfeiting Trade Agreement. On January 26, 2012 the European Union (EU) and twenty-two of its twenty-seven member states signed a letter of intent to the agreement and the EU?s internal processes of the agreement began.

Finansiell värdering av patent

The purpose of this master thesis is to map and analyze the appropriate valuation approaches used for Intellectual Property rights and develope a model for valuing patents. This project has been executed on behalf of Electrolux?s Group Intellectual Property and is intended to be used for managerial purposes.Project limitations include patents that doesent concern technology oriented products and services, real option methods, financial forecasts, decisions concerning patents taken by the R&D division, patent applications in general and taking into account unexpected future management decisions regarding patents.Electrolux?s Intellextual Property team applies, manages and protects the groups Intellectual Property rights including patents, designs and trademarks. With an increased globalization and the rise of emerging markets, incentives have increased further to protect and safeguard the group?s innovations.Mainly there are three different valuations approaches for valuing intellectual property rights, these include the income based approach, cost base approach and market based approach.

Ombildad hyresrätt ? påverkar den en delning av egendom? : Vid äktenskapsskillnad eller upplösning av samboförhållande

 When a couple divorce or when couples move apart a division of property can be done. A married couple's property constitutes of joint property and private property. In a division of property between spouses is only the value of the joint property included, not the value of the private property. In a division of property between couples that live together but not a married their joint property that are bought to be used by them together will be included. It is the value of the joint property that will be shared in the division of property.

Forskningsområdet biblioteks- och informationsvetenskap vid Högskolan i Borås ? En bibliometrisk studie av den intellektuella basen 2001?2006

The aim of this study was to map the intellectual base at the Swedish School of Library and Information Science (SSLIS) at the University Collage of Borås, and to compare this intellectual base to the intellectual base of the research area Library and Information Science. This was done by analysing the citations in publications published, between the year of 2001 to the first quarter of 2006, by researchers at the institution, using the technique of author cocitation analysis. Cluster analysis and multidimensional scaling, statistical techniques that are traditional i the author cocitation analysis, formed an objective map of the intellectual base at the SSLIS. This map was then compared with three prior studies, that used the same technique to map the intellectual base of the research area. The result shows that the map of the intellectual base at the SSLIS consists of the specialities: user studies, library studies, culture/cultural policy, information retrieval, bibliometrics and information in organisations.

Patenträtt : En förbränningsmotors patenterbarhet

The Anglo-Saxon trust is not a new phenomenon, but existed as early as in the Middle Ages. The concept is customary among common-law countries, such as England the US,but unfamiliar to civil-law countries like Sweden. The person who creates the trust is called a settlor, the one who holds and administer the property is a trustee and the person who benefits from the settlement is called a beneficiary.In Sweden there is no legislation of how the trust ought to be assessed, but the need to understand it has probably increased with the internationalization.The Swedish Supreme Administrative Court has had a few opportunities to elucidate some of the uncertainties regarding trusts, but chose to abstain. With this The Swedish Tax Panel has very limited guidance from the court when they receive an application of an advance notice.A trust is not a legal entity nor a tax subject. This differs the trust from a foundation and they can not be placed on an equality from a Swedish tax perspective.In an advance notice, 2010-03-23 (dnr 103-09/D) om Inkomstskatt: Inkomst av tjänst ? värdepappersförmån, the Swedish Tax Panel equalizes the trust property with shares when determining how to tax the assets.

Ersättning för markåtkomst avseende tredimensionellt (tunnel) intrång i fastighet

Chapter 1. 1 § jordabalken (1970:994) defines property as land that includes area, which is divided into properties.A three-dimensional property must be firm with a closed volume where top and bottom are specified. The property boundaries are described clearly according to Chapter 4. § 27 fastighetsbildningslagen. A three-dimensional property can undermine a traditional property, as well as a three-dimensional property.

Skyddet av geografiska ursprungsbeteckningar : en immaterialrättslig figur sui generis

Geographical indications designate products which have a specific geographical origin, which can either be national, regional or local. The subject is complicated since geographical indications arises a large number of questions There are EC regulations which regulate the protection of geographical indications, but since the field has not yet been exhaustively harmonized, the existence of national rules of protection is therefore still possible, which can lead to trade barriers between the member states. Consequently, one problem consists in whether it may be legitimate to restrict the free movement of goods by article 28 in the EC Treaty by referring to national rules of protection and to what extent such measures may be justified by article 30 or by the Cassis doctrine. An additional question consists in how the line between geographical indications and generic terms is to be established appropriately. Further, geographical indications are exposed to improper use by other dishonest commercial operators and therefore the possibilities of protection against unfair competition and misleading are also discussed in the thesis.

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