Paving the way for the Environment : Channelling ‘Strong’ Sustainability into the European IP System

Peer reviewe

Regulating Nature in Law Following Weak Anthropocentrism: : Lessons for Intellectual Property Regimes and Environmental Ethics

Reversing the ecological degradation that is rapidly spreading globally requires radical action at various levels of society. In this transition, the legal framework could create pathways for ethically sound, yet effective, techno-socio-economic developments. Most legal systems are failing, as they are built on ‘strong’ anthropocentrism, where humans’ interests are prioritized over those of nature. This approach is particularly prominent in some fields of private law, such as intellectual property regimes. This article focuses on the alternative, namely to create a ‘rights of nature’ (RoN) framework in order to curb and, ideally, reverse the continuing environmental decline. In this regard, we argue that to better respect nature, law should follow ‘weak’ anthropocentrism, identified in this paper as an approach that assigns higher intrinsic value to humans but also recognizes intrinsic value in non-human nature. To this end, an inclusive concept of ‘nature’ that encompasses both humans and non-human elements of nature, and where non-human elements of nature also become legal subjects with a degree of legal capacity, could provide a viable alternative. We concretize this vision via elaborating on how such an approach could divert, in particular, traditionally ‘strong’ anthropocentric regimes such as (intellectual) private property law towards achieving more eco-friendly outcomes.Peer reviewe

AI and IPR Infringement: : a Case Study on Training and Using Neural Networks

Peer reviewe

Owning Data via Intellectual Property Rights: : Reality or Chiemera?

Peer reviewe

Intellectual Property Protection for Computer Programs: Developments, Challenges and Pressure for Change

This book is a study of how computer programs have challenged the thinking about and the actual use of intellectual property rights (IPRs) around the world. In general, the intellectual property (IP) system is governed by the same rules and applies equally to all fields of developments. However, the particular nature of computer software has challenged these fundamentals. Software is a pluralistic product that contains several elements, each of which could fall into different categories of IP laws. Computer programs can be defined as “a combination of computer instructions and data definitions that enable computer hardware to perform computational or control functions”1. IP protection applies differently depending on the manner in which those instructions and definitions are expressed. Currently, several protection mechanisms are available for software, including copyright, patents, trademarks, contracts, licensing agreements, and technical measures of protection. It has been suggested that none of these mechanisms, if used individually, successfully provide an adequate level of protection to computer programs. Software technology started to appear during the 1950s, when the first computer programs were developed. As soon as it became evident that computer software was a highly complex technology that required large monetary investments, both a wide market for software and significant potential for monetary rewards were envisaged. Debates regarding the adequacy of the existing protection mechanisms for software were then initiated. It became immediately clear that each of the existing IP protection mechanisms possessed certain limitations when applied to software. These problems have generated a global debate regarding the extent to which software should be afforded IP protection. Several perspectives have been presented, and a large variety of solutions have been proposed. Some of the proposals embrace rather extremist views. For example, some suggest the complete abolition of IP protection for software in favour of an IP-free regime or the development of a completely new protection mechanism tailored to the special needs of software. In contrast, others see the IP system as playing an extremely important role in securing investments and ensuring progress in the software field and thus advocate a strong level of protection. In addition, several more balanced proposals have been launched, many of which have attempted to shape the existing IP rules such that they meet the needs of computer software. This thesis effectively contributes to this debate by providing a number of balanced, reasonable, and feasible answers to some of the major issues in the software intellectual property ecosystem. The proposed solutions were generated within the framework of the currently existing body of IP laws

Protecting and Accessing Indigenous Peoples’ Digital Cultural Heritage through Sustainable Governance and IPR Structures - the case of Sámi Culture

This article addresses the clash between Western and Indigenous understandings of how cultural heritage should be governed, protected and treated through law, especially in the digital environment. Specifically, the focus is on the ways in which the Western intellectual property rights (IPR) system often stands in contrast with Indigenous practices and ethics. This problem is approached through a single, intrinsic and descriptive case study related to the digital cultural heritage of the Sámi people: the Digital Access to Sámi Heritage Archives project. The article shows how the current IPR framework governing Indigenous cultural heritage is often misaligned with Indigenous worldviews. However, the study reveals that there is room to develop more sustainable, just and inclusive practices by complementing the existing legal rules with soft-law mechanisms, such as norms and customs, co-created with Indigenous communities

Ympäristöystävällisten keksintöjen nopeutettu patentointi pk-yritysten näkökulmasta

Accelerated patenting of environmentally friendly inventions from the perspective of SMEsThis article examines the potential of accelerated patent examination, the so-called fast track system, to incentivise the development and diffusion of environmentally friendly technologies. The fast track system is one of the few universally adopted IPR-related measures to incentivise the innovation of environmentally friendly technologies, and several national intellectual property offices around the world have introduced different applications of the system.The article analyses various national applications of the system and the system’s merits and weaknesses particularly relative to small and medium-sized enterprises (SMEs) as they have a notable potential for sustainable innovations. Based on the analysis, the article assesses possibilities to develop the system into greater efficiency when it comes to innovation and deployment of environmentally friendly technology.The article finds that the fast track system per se is an appropriate tool to accelerate the development and diffusion of environmentally friendly technologies. However, the attractiveness and thus the societal benefits of the system could be increased by improving the present systems. This could mean, for example, unifying national requirements set for different fast track systems, lighter procedural requirements or substantive requirements aimed expressly at environmentally friendly technologies. Additionally, binding elements could be included in exchange for strong additional incentives. Particularly for SMEs, it might be beneficial to lower patenting costs and include counselling and guidance in the system. Nevertheless, the fast track system is only one means among others to integrate sustainability approaches in the intellectual property system

Photoinduced electron flow in a self-assembling supramolecular extension cable

We report the design, bottom-up construction, characterization, and operation of a supramolecular system capable of mimicking the function played by a macroscopic electrical extension cable. The system is made up of a light-powered electron source, an electron drain, and a cable as the molecular components programmed to self-assemble by means of two distinct plug/socket junctions. Such connections are reversible and can be operated independently by orthogonal chemical inputs. In the source-connector-drain supermolecule, photoinduced electron transfer from source to drain occurs, and it can be switched off by dual-mode chemically controlled disassembling of the molecular components.Ferrer Ribera, RB.; Rogez, G.; Credi, A.; Ballardini, R.; Gandolfi, MT.; Balzani, V.; Liu, Y.... (2006). Photoinduced electron flow in a self-assembling supramolecular extension cable. Proceedings of the National Academy of Sciences. 103(49):18411-18416. doi:10.1073/pnas.060645910318411184161034

Legal issues and underexplored data protection in medical 3D printing: A scoping review

Introduction: 3D printing has quickly found many applications in medicine. However, as with any new technology the regulatory landscape is struggling to stay abreast. Unclear legislation or lack of legislation has been suggested as being one hindrance for wide-scale adoption.Methods: A scoping review was performed in PubMed, Web of Science, SCOPUS and Westlaw International to identify articles dealing with legal issues in medical 3D printing.Results: Thirty-four articles fulfilling inclusion criteria were identified in medical/technical databases and fifteen in the legal database. The majority of articles dealt with the USA, while the EU was also prominently represented. Some common unresolved legal issues were identified, among them terminological confusion between custom-made and patient-matched devices, lack of specific legislation for patient-matched products, and the undefined legal role of CAD files both from a liability and from an intellectual property standpoint. Data protection was mentioned only in two papers and seems an underexplored topic.Conclusion: In this scoping review, several relevant articles and several common unresolved legal issues were identified including a need for terminological uniformity in medical 3D printing. The results of this work are planned to inform our own deeper legal analysis of these issues in the future