Analysis of the failure of the implementation of intellectual property laws in Indonesia

For the past two decades, intellectual property law has been the fastest growing and most dynamic field in Indonesia. But, despite impressive and extensive legal reform conducted by the Indonesian government in the area, intellectual property laws remain very difficult to enforce. Ignorance of intellectual property law is widespread within the country and protection of intellectual property rights is both practically and legally weak

Analysis of the failure of the implementation of intellectual property laws in Indonesia

For the past two decades, intellectual property law has been the fastest growing and most dynamic field in Indonesia. But, despite impressive and extensive legal reform conducted by the Indonesian government in the area, intellectual property laws remain very difficult to enforce. Ignorance of intellectual property law is widespread within the country and protection of intellectual property rights is both practically and legally weak

Compensation for expropriated community farmland in Nigeria: An in-depth analysis of the laws and practices related to land expropriation for the lekki free trade zone in lagos

In Nigeria, the recurring impoverishment and other negative socioeconomic impacts endured by landholders affected by expropriation are well-documented and call into question the Land Use Act’s (LUA) effectiveness in protecting local land rights. The World Bank’s Land Governance Assessment Framework found that, in Nigeria, “a large number of acquisitions occurs without prompt and adequate compensation, thus leaving those losing land worse off, with no mechanism for independent appeal even though the land is often not utilized for a public purpose”. Such negative outcomes may be due to a number of factors, including corruption, limited capacity, and insufficient financing as well as Nigeria’s weak legal framework. According to a recent study of compensation procedures established in national laws of 50 countries, Nigeria’s compensation procedure lags behind many of the countries assessed because the LUA mostly fails to adopt international standards on the valuation of compensation. This article examines Nigerian expropriation and compensation procedures in more detail by combining both an in-depth legal analysis of Nigeria’s expropriation laws as well as survey and qualitative research that indicates, to some extent, how expropriation laws function in practice in Nigeria. Based on our legal assessment, surveys, and interviews with both government and private sector officials involved in the LFTZ, we found that the Nigerian government failed to comply with international standards on expropriation and compensation, both in terms of its laws and its practices in the LFTZ case. This article expands our conference paper written for the UN Economic Commission of Africa Conference on Land Policy in Africa, which took place in Addis Ababa, Ethiopia in November of 2017. Under Nigeria’s LUA, affected landholders are not granted the right to participate in expropriation and compensation decision-making or otherwise be consulted on matters affecting their land and livelihoods. In 2004, the LUA enabled the Lagos State government to set aside 16,500 hectares of expropriated agricultural land from Lagos coastal communities to develop the Lekki Free Trade Zone (LFTZ). Following the expropriation, the Lagos State Government (LSG) and Lekki Worldwide Investment Limited signed a Memorandum of Understand (MOU) with nine affected communities in 2007. The MOU is a legally binding document that promises compensation, alternative land, jobs, healthcare, and educational opportunities to the communities affected by expropriation. However, our research suggests that the MOU has not been fully honored. According to a survey of 140 affected households conducted in August 2017, the government still had not paid sufficient compensation to all affected communities or had not yet provided them with suitable alternative land, jobs, equity shares and other entitlements promised by the MOU. While there are several reasons why the MOU has not been honored, this article mainly focuses on the failure of the LUA to establish binding obligations on government officials to compensation, resettle, and reconstruct the livelihoods of affected landholders. This article argues that the LUA must be reformed so that, whenever land is expropriated for development projects, the government and private sector entities (i.e., acquiring bodies) have a legal obligation to provide sufficient and prompt compensation, alternative land, jobs, equity shares, and other entitlements to affected landholders. Moreover, the LUA should obligate the government and acquiring bodies to follow a transparent and participatory process when expropriating land and compensating communities so that, if properly enforced, the reformed LUA can mitigate the risks commonly associated with expropriation, including landholder impoverishment, displacement, food insecurity, and conflict

Innovation, Economic Development, and Intellectual Property in India and China

This open access book analyses intellectual property codification and innovation governance in the development of six key industries in India and China. These industries are reflective of the innovation and economic development of the two economies, or of vital importance to them: the IT Industry; the film industry; the pharmaceutical industry; plant varieties and food security; the automobile industry; and peer production and the sharing economy. The analysis extends beyond the domain of IP law, and includes economics and policy analysis. The overarching concern that cuts through all chapters is an inquiry into why certain industries have developed in one country and not in the other, including: the role that state innovation policy and/or IP policy played in such development; the nature of the state innovation policy/IP policy; and whether such policy has been causal, facilitating, crippling, co-relational, or simply irrelevant. The book asks what India and China can learn from each other, and whether there is any possibility of synergy. The book provides a real-life understanding of how IP laws interact with innovation and economic development in the six selected economic sectors in China and India. The reader can also draw lessons from the success or failure of these sectors

Reform Virginia\u27s Civil Asset Forfeiture Laws to Remove the Profit Incentive and Curtail the Abuse of Power

Part I of this article will review the historical roots of civil asset forfeiture law. Part II will provide a more modern history of these laws and an overview of Virginia\u27s current asset forfeiture scheme. Part III will examine the criticism of Virginia\u27s drugrelated civil asset forfeiture laws and highlight due process concerns, risk of abuse of power, and misallocation of priorities due to the structure of these laws in Virginia. Finally, Part IV will provide recommendations to reform Virginia\u27s civil asset forfeiture laws

PRC market development strategy for software industry.

by Au-Yeung Wai-Chi Peggy and Chan Kwok-Cheung.Thesis (M.B.A.)--Chinese University of Hong Kong, 1997.Includes bibliographical references (leaves 49-50).ABSTRACT --- p.3TABLE OF CONTENTS --- p.5ChapterChapter I. --- INTRODUCTION --- p.7The Computer Software Market in China --- p.7Literature Review --- p.9China - the World's Fastest Growing Computer Market --- p.9The Software Piracy Problem in China --- p.9Software Piracy Can be a Cultural Problem --- p.10Western Pressures on the Chinese Government to Enforce EPR Laws --- p.12Suggested Solutions --- p.15Project Objectives --- p.16Methodology --- p.17Chapter II. --- MAJOR FACTORS RELATED TO PIRACY --- p.19Culture --- p.19Intellectual Property Laws and Regulations --- p.21"China Piracy Law Case Example ´ؤ Word Perfect, Microsoft and Autodesk vs. Beijing Giant Computer Co." --- p.22Chapter III. --- SOLUTION HYPOTHESIS --- p.23Law Enforcement --- p.23Education --- p.25Technology --- p.26Marketing Approaches --- p.28Chapter IV. --- INTERVIEW INTERPRETATION --- p.32Causes of Piracy --- p.32Insufficient and Incomplete Enforcement of DPR laws --- p.32Lack of EPR Knowledge in the Chinese 'Collective' Culture --- p.33Nature of Mankind --- p.34Limited Distribution and Sales Channel --- p.34Existence of Purchasing Power Parity --- p.34Solutions --- p.35Education --- p.35Law Enforcement --- p.36Marketing Approaches --- p.36Technology --- p.39Chapter V. --- CONCLUSION --- p.40APPENDIX --- p.42Chapter A. --- 1994/1995 Piracy Statistics in Various Countries --- p.42Chapter B. --- Interview Questionaire --- p.47BIBLIOGRAPHY --- p.4

Intellectual Property Pirates: Congress Raises the Stakes in the Modern Battle to Protect Copyrights and Safeguard the United States Economy Comment.

Intellectual property pirates menace the industry by hijacking audio recordings, movies, television broadcasts, and software—posing an economic threat and accounting for billions of dollars in losses annually. This Comment examines legislative attempts to combat information piracy through criminalization of copyright infringement—focusing on the proposed Criminal Copyright Improvement Act of 1995 (Improvement Act). The Improvement Act contemplates expansion of criminal copyright infringement law, attempting to close the legal “loophole” exposed by United States v. LaMacchia, and providing a more effective means for deterring copyright piracy. Part II of this Comment provides a historical overview of United States copyright laws and introduces the concepts of civil and criminal copyright infringement. Part III focuses on a discussion of factors influencing the recent move to bolster the scope and deterrent effects of criminal infringement laws. Part IV explores the options available to combat modern piracy, concluding that passage of the Improvement Act represents the best solution. The Improvement Act would update current copyright laws to more effectively confront today’s piracy problems. Modern technology signals that it is time to update the Copyright Act of 1976 (Copyright Act). Human ingenuity will inevitably continue to produce creations which upset the balance of copyright laws, leaving them ill-suited to protect authors’ creations. This constant progression of new technology signifies that copyright laws are performing their avowed function—promoting the arts and sciences. Today, the same creativity which advances technology should be used in fashioning appropriate laws to protect it. The Improvement Act represents such an effort, providing a strong step toward conforming the copyright system to the modern technological world