In the current efforts of harmonizing the standards and enforcement of IPRs protection worldwide, this paper explores software piracy trajectories and dynamics in Africa. Using a battery of estimation techniques that ignore as well as integrate short-run disturbances in time-dynamic fashion, we answer the big questions policy makers are most likely to ask before harmonizing IPRs regimes in the battle against software piracy. Three main findings are established. (1) African countries with low software piracy rates are catching-up their counterparts with (...) higher rates; implying despite existing divergent IPRs systems, convergence in piracy rate could be a genuine standard-setting platform. (2) Legal origins do not play a very significant role in the convergence process. (3) A genuine timeframe for standardizing IPRs laws in the fight against piracy is most likely between a horizon of 4–8 years. In other words, full (100 %) convergence within the specified horizon will mean the enforcements of IPRs regimes without distinction of nationality and locality. Policy implications and caveats are discussed. (shrink)

Intellectual property Rights (IPRs) is protected by different systems of laws. Journals must choose a definitive form of systems. Some Blackwell journals use copyright system and some Blackwell use license from authors. Now a days online journals are using creative common licenses. Under creative common license journals are open access, allowed to download, copy, distribute, and display derivative works with proper attribution to author or owner for noncommercial purpose at a free cost. Education on IPRs will support to comprehend ones (...) rights, professional code of conduct and the doctrine of "fair use" in publication. One cannot do anything with once writing. Researchers, academic, editors and readers must have the basic knowledge on who owns the rights in a publication and what users can do with the publication by law. (shrink)

This paper is the result of the research I undertook at Lancaster University with a Marie Curie Fellowship during the academic years 2000‐2002. The objective of this research was to study the limits and the challenges of the analogy between molecular geneticists’ work and hackers’ activities. By focusing on this analogy I aim to explore the different ethical and philosophical issues surrounding new genetics and its IPR regulations. The paper firstly will show the philosophical background lying behind the proposed analogy (...) and analyses the sense in which we can talk of geneticists as “hackers.” It will provide grounds for the analogy by exploring some of the techniques used by geneticists; in particular it will focus on the so‐called Shotgun method for genomic sequencing. After having provided reasons for the proposed analogy I will claim that the open source philosophy used in the computer field would be a good way to regulate research in the genetics and in pharmaceutical field too. The open source philosophy would provide fair distribution of research opportunities around the globe with the shift from patenting to copyright in sensitive fields such as genetics. (shrink)

Recent debate has focused on the use of intellectual property regimes for the protection of indigenous resources. Both domesticated crops and useful wild plants are shaped by indigenous knowledge and by their uses within indigenous cultures. This implies that the preservation of cultural systems is as important as the conservation of the associated biological resources. Intellectual property has been suggested as a means to protect indigenous resources from misappropriation, and to create increased investment in their conservation. Four recent books that (...) discuss the problems that arise from the application of IPR for the protection of indigenous resources highlight a salient issue: that current IPR systems may conflict and undermine the culture, social structure, and knowledge systems of indigenous societies. In order to support conservation through indigenous management of biodiversity, a number of steps are required for the negotiation of intellectual property systems that are more compatible with indigenous people's value systems and concepts of ownership. (shrink)

Aquaculture is the fastest growing animal producing sector in the world and is expected to play an important role in global food supply. Along with this growth, concerns have been raised about the environmental effects of escapees and pollution, fish welfare, and consumer health as well as the use of marine resources for producing fish feed. In this paper we present some of the major challenges salmon farming is facing today. We discuss issues of relevance to how to ensure sustainability, (...) by focusing on animal production systems, breeding approaches, sources for feed ingredients, and genetic engineering strategies. Other crucial issues such as animal welfare, environmental quality, and ethics are elaborated with regard to relevance for the sustainability of aquaculture. Additionally, we comment on socio-economic distributive implications by intellectual property rights (IPR) strategies on access to genetic material and traceability. To improve sustainability of salmon farming we suggest that there is a need for new approaches to guide research, for identification of ethical issues, and for engaging stakeholders in resolving these challenges. (shrink)

This paper examines the question whether, and to what extent, John Locke’s classic theory of property can be applied to the current debate involving intellectual property rights (IPRs) and the information commons. Organized into four main sections, Section 1 includes a brief exposition of Locke’s arguments for the just appropriation of physical objects and tangible property. In Section 2, I consider some challenges involved in extending Locke’s labor theory of property to the debate about IPRs and digital information. In Section (...) 3, it is argued that even if the labor analogy breaks down, we should not necessarily infer that Locke’s theory has no relevance for the contemporary debate involving IPRs and the information commons. Alternatively, I argue that much of what Locke has to say about the kinds of considerations that ought to be accorded to the physical commons when appropriating objects from it – especially his proviso requiring that “enough and as good” be left for others – can also be applied to appropriations involving the information commons. Based on my reading of Locke’s proviso, I further argue that Locke would presume in favor of the information commons when competing interests (involving the rights of individual appropriators and the preservation of the commons) are at stake. In this sense, I believe that Locke offers us an adjudicative principle for evaluating the claims advanced by rival interests in the contemporary debate about IPRs and the information commons. In Section 4, I apply Locke’s proviso in my analysis of two recent copyright laws: the Copyright Term Extension Act (CTEA), and the Digital Millennium Copyright Act (DMCA). I then argue that both laws violate the spirit of Locke’s proviso because they unfairly restrict the access that ordinary individuals have previously had to resources that comprise the information commons. Noting that Locke would not altogether reject copyright protection for IPRs, I conclude that Locke’s classic property theory provides a useful mechanism for adjudicating between claims about how best to ensure that individuals will be able to continue to access information in digitized form, while at the same time also allowing for that information to enjoy some form of legal protection. (shrink)

Informal political representation can be a political lifeline, particularly for oppressed and marginalized groups. Such representation can give these groups some say, however mediate, partial, and imperfect, in how things go for them. Coeval with the political goods such representation offers these groups are its particular dangers to them. Mindful of these dangers, skeptics challenge the practice for being, inter alia, unaccountable, unauthorized, inegalitarian, and oppressive. These challenges provide strong pro tanto reasons to think the practice morally impermissible. This paper (...) considers the question: On what conditions is the informal political representation of oppressed and marginalized groups permissible? By responding to skeptics’ challenges, I develop a systematic account of moral constraints that, if adopted, would make such representation permissible. The account that emerges shows that informal political representatives (IPRs) must aim to fulfill two sets of sometimes conflicting duties to the represented: democracy within duties, which concern how the representative treats and relates to the represented, and justice without duties, which concern how the representative’s actions advance the aims of the representation. (shrink)

Algorithmic decision-making based on profiling may significantly affect people’s destinies. As a rule, however, explanations for such decisions are lacking. What are the chances for a “right to explanation” to be realized soon? After an exploration of the regulatory efforts that are currently pushing for such a right it is concluded that, at the moment, the GDPR stands out as the main force to be reckoned with. In cases of profiling, data subjects are granted the right to receive meaningful information (...) about the functionality of the system in use; for fully automated profiling decisions even an explanation has to be given. However, the trade secrets and intellectual property rights (IPRs) involved must be respected as well. These conflicting rights must be balanced against each other; what will be the outcome? Looking back to 1995, when a similar kind of balancing had been decreed in Europe concerning the right of access (DPD), Wachter et al. (2017) find that according to judicial opinion only generalities of the algorithm had to be disclosed, not specific details. This hardly augurs well for a future right of access let alone to explanation. Thereupon the landscape of IPRs for machine learning (ML) is analysed. Spurred by new USPTO guidelines that clarify when inventions are eligible to be patented, the number of patent applications in the US related to ML in general, and to “predictive analytics” in particular, has soared since 2010—and Europe has followed. I conjecture that in such a climate of intensified protection of intellectual property, companies may legitimately claim that the more their application combines several ML assets that, in addition, are useful in multiple sectors, the more value is at stake when confronted with a call for explanation by data subjects. Consequently, the right to explanation may be severely crippled. (shrink)

Any system for the protection of intellectual property rights (IPRs) has three main kinds of distributive effects. It will determine or influence: (a) the types of objects that will be developed and for which IPRs will be sought; (b) the differential access various people will have to these objects; and (c) the distribution of the IPRs themselves among various actors. What this means to the area of pharmaceutical research is that many urgently needed medicines will not be developed at all, (...) that the existing medicines will not be suitable for countries with a precarious health infrastructure or not target the disease variety that is prevalent in poorer regions. Such effects are commonly captured under the rubric of the “10/90 gap” in biomedical research. High prices will also restrict access to medicines as well endanger compliance to treatment schemes. IPRs are mainly held by multinational corporations situated in the developed world, which not only raises egalitarian concerns, but also severely limits the possibilities of companies in poorer countries to realize improvements on existing inventions, as they cannot financially afford to secure freedom to operate, which systematically shrinks the number of potential innovators. Those inequities lead to an enormous burden for the global poor and since no institution is willing to assume the responsibility to fulfil the right to health and the corresponding right of access to essential medicines, we have to analyse alternatives or additions to the actual intellectual property regimes in order to create new incentives to fill this gap. (shrink)

Informal political representation—the phenomenon of speaking or acting on behalf of others although one has not been elected or selected to do so by means of a systematized election or selection procedure—plays a crucial role in advancing the interests of groups. Sometimes, those who emerge as informal political representatives (IPRs) do so willingly (voluntary representatives). But, often, people end up being IPRs, either in their private lives or in more public political forums, over their own protests (unwilling representatives) or even (...) without their knowledge (unwitting representatives)—that is, they are conscripted. None of the few theories of informal political representation extant accommodate conscripted IPRs. The account detailed here introduces the phenomenon of conscripted informal political representation and explains its place in a complete theory of informal political representation. Conscripted IPRs can, like their voluntary counterparts, come to have significant power to influence how various audiences regard those for whom the conscripted IPRs speak or act. Upon attaining such power to influence, conscripted IPRs, like their voluntary counterparts, come to have pro tanto duties to those they represent—duties that arise despite IPRs’ unwittingness or unwillingness. Understanding the phenomenon of conscripted informal political representation allows us to surface essential normative questions about informal political representation that are otherwise occluded. (shrink)

Intellectual property has become the apple of discord in today’s moral and political debates. Although it has been approached from many different perspectives, a final conclusion has not been reached. In this paper I will offer a new way of thinking about intellectual property rights (IPRs), from a left-libertarian perspective. My thesis is that IPRs are not (natural) original rights, aprioric rights, as it is usually argued. They are derived rights hence any claim for intellectual property is weaker than the (...) correlative duties attached to self-ownership and world-ownership rights, which are of crucial importance in any left-libertarian view. Moreover, IPRs lack priority in front of these two original rights and should be overridden by stronger claims of justice. Thus, as derived rights, IPRs should not benefit of strong enforcement like any original rights especially if it could be in the latters’ detriment. (shrink)

Keith Donnellan’s distinction between the attributive and referential uses of definite descriptions has spurred debates regarding the truth conditions of the utterance “the F is G” with definite descriptions used referentially. In this article, I present a semantic account of referential descriptions, grounded in the contextual factors of the utterance, including the speaker’s intention and presupposition as well as the interlocutor’s recognition of them. This account is called the IPR-semantic account, according to which the speaker’s intention (I), presupposition (P), and (...) the interlocutor's recognition (R) jointly determine whether “the F” in an utterance “the F is G” is used referentially or attributively, and the meaning of “the F” is determined by whether it is used referentially or attributively. Moreover, I argue that the meaning of the referential description “the F” is the intended object e, embodied with a property H that has prompted the speaker to presuppose that e is F and to intend to use “the F” to refer to e, as well as the interlocutor to recognize the presupposition and intention. According to the IPR-semantic account, the utterance “the F is G” with “the F” used referentially expresses a singular proposition, namely, that e is G, and it is true if and only if the intended object e is G. Additionally, I argue that the IPR-semantic account not only surpasses some alternative semantic accounts but also outperforms Kripke’s pragmatic account. (shrink)

Vietnam is home to a prospering technology community and numerous enterprises that range from small start-ups to development giants. Virtually all public services are offered online. In fact, the country even has a system for e-residency and “data embassies.” This achievement derives in part from the nation’s transparent and enduring political preferences, but more importantly from Vietnamese law and its regulatory system regarding information, the digital general public, and intellectual property rights (IPR) protection. In this examination of the most pertinent (...) aspects of Vietnam’s digital economy legislation, this study explores the nation’s regulatory structure regarding copyright and patents within the context of digital transformation. The study discusses the relationship between foreign and national regulations in terms of IPR protection and the advancement of digitalization. Research on Vietnamese regulations and the practical application of major patent and copyright regulations has revealed that in many respects, the nation is highly reliant on the effective operation of a broader foreign institutional and legal framework. Thus, in the near future, technological advancement will necessitate the establishment of additional transnational regulatory systems. (shrink)

An argument for the elective abolition of Intellectual Property Rights (IPR). The premise is that IPR law is a form of slavery to Capital, for authors and for artists. The ontological reduction of IPR is part and parcel of the "Proof of Concept" phase for a PhD dissertation project, dating to September 2021, entitled Works for Works: "No Rights".

Since the establishment of the Human Genome Project and the identification of genes in human DNA that play a role in human diseases and disorders, a long, moral and political, battle has began over the extension of IPRs to information contained in human genetic material. According to the Nuffield Council on Bioethics, over the past 20 years, large numbers of human genes have been the subject of thousands of patent applications. This paper examines whether human gene patents can be justified (...) in terms of liberal theories of morality such as natural law, personality development, just reward and social utility. It is argued that human gene patents are in conflict with fundamental principles of liberal morality and justice because they result in "genetic information feudalism". (shrink)

The anti-counterfeiting trade agreement was originally meant to harmonise and enforce intellectual property rights provisions in existing trade agreements within a wider group of countries. This was commendable in itself, so ACTA’s failure was all the more disappointing. In this article, I wish to contribute to the post-ACTA debate by proposing a specific analysis of the ethical reasons why ACTA failed, and what we can learn from them. I argue that five kinds of objections—namely, secret negotiations, lack of consultation, vagueness (...) of formulation, negotiations outside any international body, and the creation of a new governing body outside already existing forums—had only indirect ethical implications. This takes nothing away from their seriousness but it does make them less compelling, because agreements should be evaluated, ethically, for what they are, rather than for the alleged reasons why they are being proposed. I then argue that ACTA would have caused three ethical problems: an excessive and misplaced kind of responsibility, a radical decrease in freedom of expression, and a severe reduction in information privacy. I conclude by indicating three lessons that can help us in shaping a potential ACTA 2.0. First, we should acknowledge the increasingly vital importance of the framework of implicit expectations, attitudes, and practices that can facilitate and promote morally good decisions and actions. ACTA failed to perceive that it would have undermined the very framework that it was supposed to foster, namely one promoting some of the best and most successful aspects of our information society. Second, we should realise that, in advanced information societies, any regulation affecting how people deal with information is now bound to influence the whole ‘onlife’ habitat within which they live. So enforcing IPR becomes an environmental problem. Third, since legal documents, such as ACTA, emerge from within the infosphere that they affect, we should apply to the process itself, which one day may lead to a post-ACTA treaty, the very framework and ethical values that we would like to see promoted by it. (shrink)

The last several decades have seen the emergence of intellectual property rights (IPRs), especially patents, as a key issue in developments across the fields of law, the economy and the biosciences, and as part of the burgeoning "bioeconomy". This paper examines how the categories of nature and knowledge, so vital to IPR regimes that support bioeconomy-type projects, are challenged by the allegation of biopiracy. It reflects on the relationship between nature, IPR and the bioeconomy, and presents an example of how (...) the creation of new categories, in this case genetic resources, come to impact on how we come to understand nature in relation to the economy and IPRs. The paper then follows this with an analysis of how knowledge is treated in those same systems, focusing specifically on some of the challenges that arise when attempting to bring traditional knowledge (TK) under the rubric of the IPR system. Finally, it examines the allegation of biopiracy in greater depth, and reflects on how it critiques the way the bioeconomy and the IPR regime treat nature, culture, knowledge, and the relationship between them. (shrink)

This article contributes to the analysis of refusal to license cases as abuse of a dominant position pursuant Article 82 EC from an economic perspective. In the Microsoft case, the European Commission introduced an "Incentives Balance Test" to assess whether the refusal to give access to interface information can be justified by arguing that this information is protected by Intellectual Property Rights (IPRs): The Commission argued that if the overall innovative effects evoked by a compulsory license are significantly higher than (...) without this access, the IPR owner is obliged to license. This should be assessed through balancing the different incentives to innovate between the dominant firm and its competitors. In the paper we pursue two objectives: Firstly, we analyze to what extent the decision of the Court of First Instance, which confirmed the decision of the Commission, helps to clarify the criteria in refusal to license cases; in fact, it is disappointing in this regard. Secondly, we demonstrate that the basic idea of the Incentives Balance Test can be interpreted as a test whether the specific IPRs of the dominant firm can be defended from the perspective of the economics of IPRs. This implies that Article 82 allows competition law to correct economically not optimal IPRs through a specific economic analysis. This is followed by a broad overview on theoretical and empirical insights from economics of IPRs, innovation economics and competition and network economics that can help to develop a more general and sophisticated Innovation Effects Test that can be applied in Article 82 refusal to license cases. (shrink)

Although the type‐I interferon (IFN‐I) response is considered vertebrate‐specific, recent findings about the Intracellular Pathogen Response (IPR) in nematode Caenorhabditis elegans indicate that there are similarities between these two transcriptional immunological programs. The IPR is induced during infection with natural intracellular fungal and viral pathogens of the intestine and promotes resistance against these pathogens. Similarly, the IFN‐I response is induced by viruses and other intracellular pathogens and promotes resistance against infection. Whether the IPR and the IFN‐I response evolved in a (...) divergent or convergent manner is an unanswered and exciting question, which could be addressed by further studies of immunity against intracellular pathogens in C. elegans and other simple host organisms. Here we highlight similar roles played by RIG‐I‐like receptors, purine metabolism enzymes, proteotoxic stressors, and transcription factors to induce the IPR and IFN‐I response, as well as the similar consequences of these defense programs on organismal development. (shrink)

Jeffrey Stout claims that John Rawls's idea of public reason (IPR) has contributed to a Christian backlash against liberalism. This essay argues that those whom Stout calls “antiliberal traditionalists” have misunderstood Rawls in important ways, and goes on to consider Stout's own critiques of the IPR. While Rawls's idea is often interpreted as a blanket prohibition on religious reasoning outside church and home, the essay will show that the very viability of the IPR depends upon a rich culture of deliberation (...) in which all forms of reasoning can be put forth for consideration. This clarification addresses the perception that the IPR imposes an “asymmetrical burden” upon believers. In fact, the essay suggests that there are good reasons why believers, qua believers, might endorse the IPR. (shrink)

In this paper, we critique the emergent international normative framework of growth – the knowledge economy. We point out that the standardized character of knowledge economy's flagship – intellectual property rights (IPRs) – has an adverse impact on women in emerging economies, such as India. Conversely, this impact on women, a significant consumer segment, has a feedback effect in terms of market growth. Conceptually, we analyze the consequences of knowledge economy and standardized IPR through a feminist lens. We extend the (...) analyses by pointing to various contradictions surrounding growth norms; for example, there are inherent contradictions between established "formal" legalistic interpretation ofIPR, "soft law" norms of corporate social responsibility, a fluid situation of moral claims of human rights, and different institutional capabilities at the international and domestic level. Consequently, we are able to demonstrate how standard IPR laws fail to deliver equity for all. We argue our case through exploring the growth aspects of the agricultural sector in India and the adverse impact of standard biopatenting on women farmers' rights (as producers and consumers) and preservation of environment. We suggest that desired gendered equity is better achieved when there is a constellation of actors – private–sector business, the state, and civil-society leaders – working together to ensure a balanced development through tailoring of IPR to local needs. (shrink)

This article integrates previously missing components of government quality into the governance-piracy nexus in exploring governance mechanisms by which global obligations for the treatment of IPRs are effectively transmitted from international to the national level in the battle against piracy. It assesses the best governance tools in the fight against piracy and upholding of intellectual property rights (IPRs). The instrumentality of IPR laws (treaties) in tackling piracy through good governance mechanisms is also examined. Findings demonstrate that: (1) while all governance (...) tools under consideration significantly decrease the incidence of piracy, corruption-control is the most effective weapon; (2) but for voice and accountability, political stability and democracy, IPR laws (treaties) are instrumental in tackling piracy through government quality dynamics of rule of law, regulation quality, government effectiveness, corruption-control, and press freedom. Hence, the need for a policy approach most conducive to expanding development is to implement an integrated system of both IPRs and corollary good governance policies. Moreover, our findings support the relevance of good governance measures in developing countries wishing to complement their emerging IPR regimes. (shrink)

In 2002, Hugh Laddie lamented the “blind adherence to dogma” that had led to an apparent impasse in philosophical and practical discussions of intellectual property : “On the one side, the developed world side, there exists a lobby of those who believe that all IPRs [intellectual property rights] are good for business, benefit the public at large, and act as catalysts for technical progress. They believe and argue that, if IPRs are good, more IPRs must be better.”1 But “on the (...) other side”, he continued: “there exists a vociferous lobby of those who believe that IPRs are likely to cripple the development of local industry and technology, will harm the local population, and benefit none but the developed world. They believe and argue that, if IPRs are bad, the fewer the better.” Laddie recommended reforms designed to ensure that IPR development and enforcement would better serve the interests of developing countries. He hoped these reforms would provide an effective response to those who regard IPRs as “food for the rich countries and poison for the poor”.2. (shrink)

Over the last two decades, the ethical implications of patents for biological materials and processes have been the subject of spirited public debate between the many individuals and groups on which the patent system impacts. Whereas copyright, trade marks, and other species of Intellectual Property Rights (IPR) are widely acceptable, the patent system evokes criticism from many quarters, especially in relation to the legal protection of inventions in the Life Sciences. Some of these criticisms expressed by prestigious public organisations are (...) addressed here from the patent professional standpoint. (shrink)

As part of the SYNBIOSAFE project, we carried out an open electronic conference (e-conference), with the aim to stimulate an open debate on the societal issues of synthetic biology in a proactive way. The e-conference attracted 124 registered participants from 23 different countries and different professional backgrounds, who wrote 182 contributions in six different categories: (I) Ethics; (II) Safety; (III) Security; (IV) IPR; (V) Governance and regulation; (VI) and Public perception. In this paper we discuss the main arguments brought up (...) during the e-conference and provide our conclusions about how the community thinks, and thinks differently on the societal impact of synthetic biology. Finally we conclude that there is a chance for an open discourse on the societal issues of synthetic biology happening, and that the rules to govern such a discourse might be set up much easier and be respected more readily than many would suggest. (shrink)

International negotiations on anthropogenic climate change are far from running smoothly. Opinions are deeply divided on what are the respective responsibilities of developed and developing countries with regard to the reduction of greenhouse gas emissions and the alleviation of the negative effects of global warming. A major bone of contention concerns the role of intellectual property rights (especially patents) in the development and diffusion of climate-friendly technologies. While developing countries consider IPRs as a formidable barrier to the rapid transfer and (...) the widest possible diffusion of such technologies, developed countries, by contrast, see IPRs as a vital prerequisite for the development and transfer of these same technologies. This debate shows some similarity with the earlier debate on patents and access to lifesaving medicines, although there are also important differences. In our contribution we will explore both the analogies and the differences with this earlier debate. To provide a focus for our discussion, we will examine whether something similar to the Health Impact Fund (HIF), which has been proposed by philosopher Thomas Pogge as a reasonable solution to the ethical dilemmas of protection and accessibility in the field of pharmaceuticals, can also be elaborated for the development and diffusion of climate-friendly technologies. Thus the central question is how an analogous ‘Climate Impact Fund’ would look like and how it would work. This whole exercise will also yield a normative yardstick for assessing the various designs for a Green Climate Fund or a Technology Mechanism that are currently on the table of the international climate negotiations. (shrink)

Concerns of intellectual property infringement in China slow the dissemination of clean technology (Cleantech) innovation that could help bring the pace of global warming under control. We use the U.S. post‐World War 2 policy decisions with respect to Japan and Europe (the Marshall Plan) to show how this problem can be addressed. To help Japan become a western style democracy and stem the tide of communism, the U.S. transferred much of its extant intellectual property to Japan with a promise to (...) open US markets to Japanese goods. The United States did not require Japan to open its markets to U.S. goods. As a result, Japan became a staunch U.S. political ally in Asia, but also a serious economic competitor to the United States. While the Marshall Plan deployed different resources, the political outcomes were similar to Japan: Western Europe was a bulwark against communism. As global warming has become a major strategic issue, we argue that a comparable IPR initiative is required for China. This is not just a matter of doing the right thing as members of global commons, but is also matter of national security. We propose that by facilitating and managing the flow and sharing of U.S., EU, and Japanese Cleantech intellectual property with China—through a Cleantech Marshall Plan—a positive strategic relationship may be built while helping to bring global warming under control. (shrink)

This dissertation aims at forging an archetectonic link between Kant's first and third Critiques within a cognitive-semantic framework. My aim is to show how the major conceptual innovations of Kant’s third Critique can be plausibly understood in terms of the theoretical aims of the first, (Critique of Pure Reason). However, unlike other cognition-oriented approaches to Kant's third Critique, which take the point of contact between the first and third Critique's to be the first Critique's Transcendental Analytic, I link these two (...) works via the first Critique's Transcendental Dialectic, specifically its discussions of the "ideas of pure reason." -/- According to Kant, the “ideas of pure reason” (IPRs) — viz., the notions of self, world-whole, and God — are innate content-bearing entities representing three types of transempirical object, none of which are possible objects of cognition. However, although Kant denies that these rather unique content-bearers can be used for purposes of “speculative cognition,” he does think that they have an internal functional value for human cognitive systems. Although under my analysis of their functional value the IPRs subserve a highest-order aim which derives from theoretical reason — namely, to ground and optimize cognitive systematicity — their directive content in fact renders their implementation(thus their form of intentionality) more characteristic of practical reason. Kant’s positive account of reason’s “interest” in and use of the IPRs exhibits a kind of cognitive pragmatism. -/- Of utmost concern to the cognitive-semantic enterprise, as I conceive it, is the development of (what might be called) a metaphysics of intentionality. A `metaphysics of intentionality', as I use the term, refers to a coherent set of postulative propositional cognitions (or, at any rate, content-bearing entities) implemented, first, for the sake of rationally explaining the phenomenological unity and object-directed character of our perceptual states and, second, to explain why the objects represented in such states are, or must be, law-governed and thus necessarily amenable to scientific investigation. On my view, the discussions in Kant’s third Critique nontrivially contribute to the development of a metaphysics of intentionality and thus to the larger cognitive-semantic enterprise of Kant's first Critique, and it is this link that lends Kant's third Critique a cognitive significance. -/- . (shrink)

In a previous paper [ 21 ] all extensions of Johansson’s minimal logic J with the weak interpolation property WIP were described. It was proved that WIP is decidable over J. It turned out that the weak interpolation problem in extensions of J is reducible to the same problem over a logic Gl, which arises from J by adding tertium non datur. In this paper we consider extensions of the logic Gl. We prove that only finitely many logics over Gl (...) have the Craig interpolation property CIP, the restricted interpolation property IPR or the projective Beth property PBP. The full list of Gl-logics with the mentioned properties is found, and their description is given. We note that IPR and PBP are equivalent over Gl. It is proved that CIP, IPR and PBP are decidable over the logic Gl. (shrink)

The provability logic GL was in the field of interest of A.V. Kuznetsov, who had also formulated its intuitionistic analog—the intuitionisticprovability logic—and investigated these two logics and their extensions.In the present paper, different versions of interpolation and of the Bethproperty in normal extensions of the provability logic GL are considered. Itis proved that in a large class of extensions of GL almost all versions of interpolation and of the Beth propertyare equivalent. It follows that in finite slice logics over GL (...) the three versionsCIP, IPD and IPR of the interpolation property are equivalent. Also theyare equivalent to the Beth properties B1, PB1 and PB2. (shrink)

Large-scale, interoperable biobanks are an increasingly important asset in today's life science research and, as a result, multiple types of biobanks are being established around the globe with very different financial, organizational and legal set-ups. With interdisciplinary chapters written by lawyers, sociologists, doctors and biobank practitioners, Global Genes, Local Concerns identifies and discusses the most pressing issues in contemporary biobanking.This timely book addresses pressing questions such as: how do national biobanks best contribute to translational research?; What are the opportunities and (...) challenges that current regulations present for translational use of biobanks?; How does inter-biobank coordination and collaboration occur on various levels?; and how could academic and industrial exploitation, ownership and IPR issues be addressed and facilitated? Identifying that biobanks' foundational and operational set-ups should be legally and ethically sound, while at the same time reflecting the hopes and concerns of all the involved stakeholders, this book contributes to the continued development of international biobanking by highlighting and analysing the complexities in this important area of research.Academics in the fields of law and ethics, health law and biomedical law, as well as biobank managers and policymakers will find this insightful book a stimulating and engaging read. (shrink)

This paper considers the impact that globalization and the knowledge economy have on the protection and promotion of indigenous knowledge. It is asserted that globalization and the knowledge economy have opened up the world and facilitated the flow of information and knowledge. However, the flow of knowledge has been governed by uneven economic and political power between the developed countries and the devel-oping countries. This has a number of ramifications for IK. The dilemma faced is that whichever method is taken (...) to protect IK exposes IK to some misappropriation. Protecting it through IPR is also fraught with problems. Documenting IK exposes IK to the public domain and makes it that much easier to be misused. However, not protecting IK runs the danger of having it disappear as the custodians holding it die off, or as communities become swamped by the effects of globalization. The conclu-sion therefore is that governments have to take more interest in protecting, promoting and using IK than they have been doing. (shrink)

The claim that indigenous communities are entitled to have intellectual property rights (IPRs) to both their plant varieties and their botanical knowledge has been put forward by writers who wish to protect the plant genetic resources of indigenous communities from uncompensated use by biotechnological transnational corporations. We argue that while it is necessary for indigenous communities to have suchrights, the entitlement argument is an unsatisfactory justification for them. A more convincing foundation for indigenous community IPRs is the autonomy theory developed (...) by Will Kymlicka. (shrink)

So-called climate-ready GM crops can be of great help in adapting to a changing climate. Climate change, caused in great part by anthropogenic greenhouse gases released in the atmosphere since the industrial revolution by the developed world, is felt much stronger in the developing world, causing unexpected droughts and floods that will cause large harvest loss, leading to more hunger and malnutrition, rising death tolls and disease vulnerability. The current intellectual property regime (IPR) strikes an unfair balance between profit oriented (...) seed industry giants and low-acreage farmers. The biotechnology industry, mainly headquartered in the developed world, has started to patent new seed varieties, taking biomaterials from developing countries, with the claim, that they will be more tolerant to flood, drought, heat, and cold. Special sales contracts prohibit saving seeds from the harvest for the next season, thus forcing the farmers to buy them every season anew, which goes against traditional farming. Using a widely accepted concept of global justice, that tackles the fact that around 10% of the world's population profits from 90% of the earth's resources, and by taking into account the feasibility of a fair IPR, we will discuss three issues. First, an ethically acceptable IPR should prevent unjust and unfair assignments of property rights (e.g. patents) that completely ignore small-scale farmers inventiveness and efforts to save agrobiodiversity. As a second task, this regime should encourage globally a just distribution of the objects of innovation that are covered by patents. Third, such a regime should encourage innovations at a rate that is effective to cope with climate change. (shrink)

This article examines recent controversies over the relationship between human rights and intellectual property rights (IPRs). Many activists have claimed that IPRs conflict with human rights. Others have argued that IPRs are themselves human rights. The article approaches the debate as an opportunity to clarify the nature of IPRs in relation to human rights, as well as the nature of contemporary struggles over these rights. After surveying the dual expansion of both human rights and IPRs and rejecting the view that (...) IPRs are rooted in human rights, the author investigates the example of the HIV/AIDS crisis and the global Campaign for Access to Essential Medicines in order to illustrate attempts to represent IPRs as an outright threat to human rights. Highlighting the limitations of a human rights-based critique of IPRs, he concludes by proposing to study contemporary conflicts over IPRs and human rights as struggles for recognition and as struggles over the institutionalization of a transnational “recognition order.”. (shrink)

In this note, we prove that certain theories of (many‐sorted) intuitionistic predicate logic are closed under the independence of premiss rule (IPR). As corollaries, we show that and extended by some non‐classical axioms and non‐constructive axioms are closed under IPR.

The relevance of different concepts of computer software (henceforth SW) rights is analysed from the viewpoint of divergent sociopolitical doctrines. The question of software rights is considered from the ontological assumptions, on one extreme, to the relevance of current practical applications of SW rights (such as copyright and patent), on the other extreme. It will be argued (from a non-descriptive/non-cognitive account) that the current expression of SW rights in Western societies (namely copyright, excluding patent) can be seen to be fair (...) from the viewpoint of the theses of agreed rights and universalisability. Finally, given that such practice is neither immoral, nor irrelevant-but fair (based on the ad ignorantiam argument)-we have good reason to respect it rather than violate or demolish it. (shrink)

As universities are increasingly called by their national governments for a more entrepreneurial management of public research results, they started to develop internal structures and policies to take a proactive role in the commercialisation of university research. For the first time, this paper presents a detailed chronicle of how country-level reforms on Intellectual Property Rights were translated into organisation-level mechanisms to regulate university-patenting activity. The analysis is based on the complete list of patent policies issued between 1993 and 2009 by (...) the population of Italian universities. Our evidence suggests that universities first dealt with legislative changes on IPRs by enacting isomorphic behaviours, then by creating a community of practices, and finally by leveraging on such community to influence government reforms on IP-related matters. We discuss our results in the light of institutional theory and public policy. (shrink)

Much has been written about indigenous knowledge and intellectual property rights in fields like anthropology and law. However, it remains an under-examined topic in business and management literature. In this article, we review the emerging contentious discourse, definitional issues and underlying assumptions of the western IPR and indigenous knowledge management systems. We highlight the similarities and differences between the two approaches. We argue that adopting a view that law is socially constructed with ethical underpinnings helps sort out the thorny issues (...) related to indigenous knowledge ‘expropriation’. To do this, we draw on the role of ethical norms in the historical evolution of IPRs regimes. Finally, grounded in Stakeholder Theory, we conclude with a discussion of managerial implications. (shrink)

Research in recent history has neglected to address the moral foundations of particular kinds of public policy such as the protection of intellectual property rights (IPRs). On the one hand, nation-states have enforced a tightening of the IPR system. On the other, only recently have national government and international institutions recognised that the moral justification for stronger IPRs protection is far from being plausible and cannot be taken for granted. In this article, IPRs are examined as individual rights founded upon (...) natural law, personality development, just reward and social utility. It is argued that these foundations cannot be philosophically sustained. IPRs constitute morally indefensible political developments which aim to reproduce the capitalist division of knowledge and labour at national, international and global levels. The need for such a critical approach to the moral foundations of IPRs has increased in importance as a consequence of their role in justifying corporate power, globalisation policies and harmonisation of such. (shrink)

In understanding the implicative resonance of biotech applications research and development, it is necessary to apply the intricate consonance of bioethics studies like behaviourome studies in the form of mental mapping in diverse groups of society for trying to resolve moral issues such as IPR or biosafety. Social perception analysis being the subjective domain of bioethics and related biotechnological issues are the functional epitome in ensuring benevolent biotechnological entrepreneurship development. In this pursuit studies of social genomics can ascertain the positive (...) implications of functional genomics being one of the most important fragments of science of biotechnology. The development of guidelines should be culturally sensitive in the way ethical, social and legal aspects are considered. Having a map of human ideas will enable us to reflect more diversity of ideas into policy frameworks. (shrink)

Some might argue that a right to access information is problematic, as it requires too much from others. Being a "positive right," the possession of which foists upon others a duty to provide something, an RAI might be thought to contrast with a "negative right," such as the right not to be harmed. Here, other people have duties only to refrain from performing certain actions. The critics this paper is concerned with continue that positive rights are problematic, where negative rights (...) are not, since the former obligate people to do something, which is more taxing than obligating people not to do something. So according to a critic of RAIs, such rights are difficult, if not impossible, to justify.This paper takes no position on whether an RAI is positive or negative. It also does not argue whether positive rights can be justified or not. Instead, it argues that, if an RAI is positive, then so are intellectual property rights . This is significant, as critics of RAIs may hold to IPRs. . This paper argues against that one cannot reject an RAI on the basis of its being a positive right without also losing their justification for IPRs. If this is correct, then, proponents of intellectual property who reject an RAI must find independent justification for the former, which itself will not extend to the latter.This is good news for the defender of RAIs, since the sting is removed from one potential criticism thereof. If people have an RAI, this is not anymore burdensome than other rights currently in effect. (shrink)

This essay deploys the joint lenses of branding and space to examine the hegemonic operation of the Apple brand in the global culture industry. It does so by analyzing China’s ‘fake Apple Store’ event in 2011, which began with an American expat blogger’s discovery and subsequently caught the attention of global news media. While copying the look of an official Apple Store, these retailers displayed and sold genuine products originally assembled in China. Probing the cultural logic that gave rise to (...) the event, I argue that China’s ‘fake’ Apple Store emblematizes the power relations and subject positions that emanate from Apple’s global hegemony. The Apple Store, as a branded environment, is best seen as a heterotopia whose interpellating mechanism relies on the extensive-intensive character of the intellectual property rights regime. While China’s copycat Apple Store can be seen as an attempt at a production of sameness, the ‘user-generated’ charge of its ‘fakery’ stems from the ‘distributed’ power of the Apple brand, which operates through a production of difference. Even though the varied responses to the event reveal the contradiction within Apple’s extensive global reach, it more importantly points to a condition wherein consumer turned ‘prod-user’ subjects act as self-enlisted agents who work to perpetuate the brand’s design-intensive value regime. While the spectacle of ‘Chinese fakery’ manifests the ideological work of IPR in naturalizing the distinction between the copy and the fake, the extensive-intensive operation of the brand, embodied by the Apple Store, also undermines the ability of consumer subjects to meaningfully engage the ‘Chinese reality’ that is manufacturing labor. (shrink)

ABSTRACTThis paper examines the concept of biopiracy, which initially emerged to challenge various aspects of the regime for intellectual property rights in living organisms, as well as related aspects pertaining to the ownership and apportioning of benefits from ‘genetic resources’ derived from the world’s biodiversity.This paper proposes that we take the allegation of biopiracy seriously due to the impact it has as an intervention which indexes a number of different, yet interrelated, problematizations of biodiversity, biotechnology and IPR. Using the neem (...) tree case as an example, it describes activists’ use of the term as one that involves a deliberate simplification of science and IPR. Additionally, it argues that in so doing, biopiracy is positioned as a touchstone that mobilizes actors and problems, and ultimately generates ‘solutions’ to the very challenges it creates.The paper will also encourage a view of biopiracy claims that does not always treat them simply as claims of theft, or as a misallocation of benefits, but rather as claims that are designed to raise broader questions about the IPR system itself. It concludes by advocating that, in order to properly understand how to address biopiracy, we must be prepared to move beyond the current narrow readings to develop a more complete picture of the term’s influence in challenging how, and by whom, the decisions about what is natural and what is invented come to be made. (shrink)

This paper examines the concept of biopiracy, which initially emerged to challenge various aspects of the regime for intellectual property rights (IPR) in living organisms, as well as related aspects pertaining to the ownership and apportioning of benefits from ‘genetic resources’ derived from the world’s biodiversity.This paper proposes that we take the allegation of biopiracy seriously due to the impact it has as an intervention which indexes a number of different, yet interrelated, problematizations of biodiversity, biotechnology and IPR. Using the (...) neem tree case as an example, it describes activists’ use of the term as one that involves a deliberate simplification of science and IPR. Additionally, it argues that in so doing, biopiracy is positioned as a touchstone that mobilizes actors and problems, and ultimately generates ‘solutions’ to the very challenges it creates.The paper will also encourage a view of biopiracy claims that does not always treat them simply as claims of theft, or as a misallocation of benefits, but rather as claims that are designed to raise broader questions about the IPR system itself. It concludes by advocating that, in order to properly understand how to address biopiracy, we must be prepared to move beyond the current narrow readings to develop a more complete picture of the term’s influence in challenging how, and by whom, the decisions about what is natural and what is invented come to be made. (shrink)

Improvements in production methods over the last two decades have resulted in aquaculture becoming a significant contributor to food production in many countries. Increased efficiency and production levels are off-setting unsustainable capture fishing practices and contributing to food security, particularly in a number of developing countries. The challenge for the rapidly growing aquaculture industry is to develop and apply technologies that ensure sustainable production methods that will reduce environmental damage, increase productivity across the sector, and respect the diverse social and (...) cultural dimensions of fish farming that are observed globally. The aquaculture industry currently faces a number of technology trajectories, which include the option to commercially produce genetically modified (GM) fish. The use of genetic modification in aquaculture has the potential to contribute to increased food security and is claimed to be the next logical step for the industry. However, the potential use of these technologies raises a number of important ethical questions. Using an ethical framework, the Ethical Matrix, this paper explores a number of the ethical issues potentially raised by the use of GM technologies in aquaculture. Several key issues have been identified. These include aspects of distributive justice for producers; use of a precautionary approach in the management of environmental risk and food safety; and impacts on the welfare and intrinsic value of the fish. There is a need to conduct a comparative analysis of the full economic cycle of the use of GM fish in aquaculture production for developing countries. There is also a need to initiate an informed dialogue between stakeholders and strenuous efforts should be made to ensure the participation of producers and their representatives from developing nations. An additional concern is that any national licensing of the first generation of GM fish, i.e., in the USA, may initiate and frame an assessment cycle, mediated by the WTO, which could dominate the conditions under which the technology will be applied and regulated globally. Therefore, an integrated analysis of the technology development trajectories, in terms of international policy, IPR, and operational implications, as well as an analysis of a broader range of ethical concerns, is needed. (shrink)