Phd Thesis On Intellectual Property Rights

Phd Thesis On Intellectual Property Rights-23
Intellectual property rights are most commonly justified by their encouragement of the desire create.

Intellectual property rights are most commonly justified by their encouragement of the desire create.

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This will include an analysis of how damages are influenced by economical and moral factors, as well as the reasons behind such influences.

The basic principles of UK and US copyright law will be assessed, as well as their scope in terms of infringement, damages and defences.

This study will explore the possibility of expanding this list to include other forms of art, yet seek to ensure that suitable limitations are placed to prevent unsuitable copyright from being granted in every case.

The purpose of this study is to discuss the need for, convenience and feasibility of harmonization among (i) the enforcement of conventions devised to protect biodiversity (such as the Convention on Biological Diversity); (ii) the protection of traditional knowledge and local interests (particularly of developing countries) and; (iii) the enforcement of intellectual property rights, through the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS).

A Human Rights Emphasis is proposed as a means of evaluating what is meant in a particular case by compatible or incompatible with Convention rights in sections 3 and 6 HRA, given that the potentially conflicting rights to property, life and expression could be engaged in a patent action.

The Human Rights Emphasis is then applied to the results of a creative yet legitimate approach to interpretation of the infringement provisions of the PA, to determine whether there should be a finding of infringement.

IP law should not be viewed in legal isolation, however, and concerns about the impact of enforcement of IP can also be framed in terms of human rights and competition.

This work argues, with a focus on the jurisdictions of the United Kingdom (UK) and on patents, that courts considering patent actions can and must, without the need for any legislative or policy change, combine the UK Human Rights Act 1998 (HRA), the European Convention on Human Rights (ECHR), the UK Patents Act 1977 (PA) and article 82 EC Treaty such that in some limited cases there will be no finding of patent infringement.

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