17 research outputs found

    Fair Use and Traditional Cultural Expressions

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    Indigenous knowledge may be broadly described as the system of knowledge developed and maintained by Indigenous and local communities and transmitted from generation to generation and includes: [L]iterary, artistic or scientific works; performances; inventions; scientific discoveries; designs; marks; names and symbols; undisclosed information; and all other tradition-based innovations and creations resulting from intellectual activity in the industrial, scientific, literary or artistic fields.

    The development of intellectual property law in China

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    An international approach to establishing a competent authority to manage and protect traditional knowledge

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    © The Author(s) 2018. This article discusses the establishment of a Competent Authority in accordance with the Nagoya Protocol to ensure that traditional knowledge of Indigenous communities is accessed subject to free, prior and informed consent and the fair and equitable sharing of benefits arising out of such use. It builds on research expressing the view that the design and development of a Competent Authority should take a grass roots approach. It analyses the authorities established in the Cook Islands and Vanuatu that include significant Indigenous voice and concludes with comments on the attributes of each system and its limitations

    Carbon pricing and renewable energy innovation: A comparison of Australian, British and Canadian carbon pricing policies

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    © 2015, (publisher). All rights reserved. Introducing its now-abolished carbon price from July 2012, Australia argued that a price on carbon would reduce greenhouse gas emissions by improving energy efficiency and increasing investment in clean technology innovation. The United Kingdom has priced carbon since 2008 and is in the process of major electricity market reform with the aim of attracting £100 billion of infrastructure investment. British Columbia in Canada introduced a carbon tax in 2008, providing support for clean technology industries through a variety of allowances and operating subsidies.This article compares the United Kingdom, Canada and Australia, to assess the evidence base and policy experience of these jurisdictions in carbon pricing. In so doing, the article identifies what lessons can be learnt from these policy frameworks in order to promote investment in low-carbon innovation

    Visualizing the shape of quality: An application in the context of intellectual property

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    The aim of this work is to explore how the concept of shape can be applied in the context of Intellectual Property Law (IPL). Despite the global nature of IPL, the system is plagued with considerable uncertainty, especially in the specific instrument of patents. We believe the shape concept can find a balance between the inventive ideas, patent claims and objects in the world. The outcomes of this can then be measured as a time-dependent expectancy that an invention will conform to legal rules when under examination by officials. Specifically, we establish an empirical-based benchmark which can be utilized to test whether shape (via visual figures) is useful in reducing the uncertainty (measured via number of examination actions) which an applicant might face in patenting technological ideas

    Establishing a Competent Authority to manage and protect traditional knowledge

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