International Science Index
Intellectual Property Rights and Health Rights: A Feasible Reform Proposal to Facilitate Access to Drugs in Developing Countries
The non-effectiveness of certain codified human rights is particularly apparent with reference to the lack of access to essential drugs in developing countries, which represents a breach of the human right to receive adequate health assistance. This paper underlines the conflict and the legal contradictions between human rights, namely health rights, international Intellectual Property Rights, in particular patent law, as well as international trade law. The paper discusses the crucial links between R&D costs for innovation, patents and new medical drugs, with the goal of reformulating the hierarchies of priorities and of interests at stake in the international intellectual property (IP) law system. Different from what happens today, International patent law should be a legal instrument apt at rebalancing an axiological asymmetry between the (conflicting) needs at stake The core argument in the paper is the proposal of an alternative pathway, namely a feasible proposal for a patent law reform. IP laws tend to balance the benefits deriving from innovation with the costs of the provided monopoly, but since developing countries and industrialized countries are in completely different political and economic situations, it is necessary to (re)modulate such exchange according to the different needs. Based on this critical analysis, the paper puts forward a proposal, called Trading Time for Space (TTS), whereby a longer time for patent exclusive life in western countries (Time) is offered to the patent holder company, in exchange for the latter selling the medical drug at cost price in developing countries (Space). Accordingly, pharmaceutical companies should sell drugs in developing countries at the cost price, or alternatively grant a free license for the sale in such countries, without any royalties or fees. However, such social service shall be duly compensated. Therefore, the consideration for such a service shall be an extension of the temporal duration of the patent’s exclusive in the country of origin that will compensate the reduced profits caused by the supply at the price cost in developing countries.
The Importance of Intellectual Property for Universities of Technology in South Africa: Challenges Faced and Proposed Way Forward
Intellectual property should be a day-to-day business decision due to its value, but increasingly, a number of institution are still not aware of the importance. Intellectual Property (IP) and its value are often not adequately appreciated. In the increasingly knowledge-driven economy, IP is a key consideration in day-to-day business decisions because new ideas and products appear almost daily in the market, which results in continuous innovation and research. Therefore, this paper will focus on the importance of IP for universities of technology and also further demonstrates how IP can become an economic tool and the challenges faced by these universities in implementing an IP system.
Determinants of Profitability in Indian Pharmaceutical Firms in the New Intellectual Property Rights Regime
This study investigates the firm level determinants of profitability of Indian drug and pharmaceutical industry. The study uses inflation adjusted panel data for a period 2000-2013 and applies OLS regression model with Driscoll-Kraay standard errors. It has been found that export intensity, A&M intensity, firm’s market power and stronger patent regime dummy have exercised positive influence on profitability. The negative and statistically significant influence of R&D intensity and raw material import intensity points to the need for firms to adopt suitable investment strategies. The study suggests that firms are required to pay far more attention to optimize their operating expenditures, advertisement and marketing expenditures and improve their export orientation, as part of the long term strategy.
Malware Beaconing Detection by Mining Large-scale DNS Logs for Targeted Attack Identification
One of the leading problems in Cyber Security today
is the emergence of targeted attacks conducted by adversaries with
access to sophisticated tools. These attacks usually steal senior level
employee system privileges, in order to gain unauthorized access to
confidential knowledge and valuable intellectual property. Malware
used for initial compromise of the systems are sophisticated and
may target zero-day vulnerabilities. In this work we utilize common
behaviour of malware called ”beacon”, which implies that infected
hosts communicate to Command and Control servers at regular
intervals that have relatively small time variations. By analysing
such beacon activity through passive network monitoring, it is
possible to detect potential malware infections. So, we focus on
time gaps as indicators of possible C2 activity in targeted enterprise
networks. We represent DNS log files as a graph, whose vertices
are destination domains and edges are timestamps. Then by using
four periodicity detection algorithms for each pair of internal-external
communications, we check timestamp sequences to identify the
beacon activities. Finally, based on the graph structure, we infer the
existence of other infected hosts and malicious domains enrolled in
the attack activities.
Challenges in Anti-Counterfeiting of Cyber-Physical Systems
This paper examines the system protection for cyber-physical
systems (CPS). CPS are particularly characterized by their
networking system components. This means they are able to adapt to
the needs of their users and its environment. With this ability, CPS
have new, specific requirements on the protection against anti-counterfeiting,
know-how loss and manipulation. They increase the
requirements on system protection because piracy attacks can be
more diverse, for example because of an increasing number of
interfaces or through the networking abilities. The new requirements
were identified and in a next step matched with existing protective
measures. Due to the found gap the development of new protection
measures has to be forced to close this gap. Moreover a comparison
of the effectiveness between selected measures was realized and the
first results are presented in this paper.
Innovation Trends in South Korea
This paper analyzes innovation trends in South Korea
by means of the number of patent applications filed by residents and
nonresidents during the period 1965 to 2012. Making use of patent
data released by the World Intellectual Property Organization
(WIPO), we search for the presence of multiple structural changes in
patent application series in this country. These changes may suggest
that firms’ innovative activity has been modified as a result of
implementing some science, technology and innovation (STI)
policies. Accordingly, the new regulations implemented in this
country in the last decades have influenced its innovative activity.
The question conducting this research is thus how STI policies in
South Korea have influenced its innovation activity. The results
confirm the existence of multiple structural changes in the series of
patent applications resulting from alternative STI policies
implemented during these years.
Radar Charts Analysis to Compare the Level of Innovation in Mexico with Most Innovative Countries in Triple Helix Schema Economic and Human Factor Dimension
This paper seeks to compare the innovation of Mexico from an economic and human perspective, with the seven most innovative countries according to the Global Innovation Index 2013, done by the World Intellectual Property Organization (WIPO). The above analysis suggests nine dimensions: Expenditure on R & D, intellectual property, appropriate environment to conduct business, economic stability, triple helix for R & D, ICT Infrastructure, education, human resources and quality of life. Each dimension is represented by an indicator which is later used to construct a radial graph that compares the innovative capacity of the countries analyzed. As a result, it is proposed a new indicator of innovation called The Area of Innovation. Observations are made from the results, and finally as a conclusion, those items or dimensions in which Mexico suffers lag in innovation are identify.
Innovation Trends in Latin America Countries
This paper analyzes innovation trends in Latin America countries by means of the number of patent applications filed by residents and non residents during the period 1965 to 2012. Making use of patent data released by the World Intellectual Property Organization (WIPO), we search for the presence of multiple structural changes in patent application series in Argentina, Brazil Chile, and Mexico. These changes may suggest that firms’ innovative activity has been modified as a result of implementing a particular science, technology and innovation (STI) policy. Accordingly, the new regulations implemented in these countries during 1980s and 1990s have influenced their intellectual property regimes. The question conducting this research is thus how STI policies in these countries have affected their innovation activity? The results achieved in this research confirm the existence of multiple structural changes in the series of patent applications resulting from STI policies implemented in these countries.
Techno-Legal Interplay of Domain Names: A Study with Reference to India
Internet has unfolded its potential and its users are now quite convinced that it is a cost effective, flexible, efficient and viable option to carry out different business activities disregard of any physical or geographical boundaries. These intrinsic properties of Internet have raised innumerable legal issues that are difficult to resolve within the boundaries of existing legal régime which has a different scheme of things. Internet has impacted most of the branches of law more particularly Intellectual property jurisprudence which has engendered many IP issues including interplay of trademark and domain names. There is neither any separate legislation nor any express provision in the existing Trademark Act, 1999, which is relatively recent in origin and enacted at the time when theses issued had seized the attention of the courts in other jurisdictions. A host of legal issues cropped by the intersection of trademark and domain names which have been left for the courts to decide. The courts in India have seized this opportunity and have laid down a number of principles. This paper appraises approaches adopted by Indian courts in resolving domain name disputes and compares them with theories evolved and established in other jurisdictions.
A Model for Managing Intellectual Property, Commercialisation and Technology Transfer within a Collaborative Research Environment
The Defence Materials Technology Centre has evolved from the Australian Cooperative Research Centres Program. The Centre receives funding from Government, industry and research sources to fund collaborative research within its participant organisations. The research centre is structured as a company with a small administrative staff and plays the role of the “honest broker” within the collaboration. A corporate culture has been established that is pervasive into the research projects are undertaken. The model is an effective mechanism to deliver outcomes to each of the participant stakeholders.
Patents as Indicators of Innovative Environment
The main problem is that there is a very low innovation performance in Latvia. Since Latvia is a Member State of European Union, it also shall have to fulfill the set targets and to improve innovative results.Universities are one of the main performers to provide innovative capacity of country. University, industry and government need to cooperate for getting best results.The intellectual property is one of the indicators to determine innovation level in the country or organization, and patents are one of the characteristics of intellectual property.The objective of the article is to determine indicators characterizing innovative environment in Latvia and influence of the development of universities on them.The methods that will be used in the article to achieve the objectives are quantitative and qualitative analysis of the literature, statistical data analysis and graphical analysis methods.
Article 5 (3) of the Brussels I Regulation and Its Applicability in the Case of Intellectual Property Rights Infringement on the Internet
Article 5(3) of the Brussels I Regulation provides that a person domiciled in a Member State may be sued in another Member State in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful events occurred or may occur. For a number of years Article 5 (3) of the Brussels I Regulation has been at the centre of the debate regarding the intellectual property rights infringement over the Internet. Nothing has been done to adapt the provisions relating to non-internet cases of infringement of intellectual property rights to the context of the Internet. The author’s findings indicate that in the case of intellectual property rights infringement on the Internet, the plaintiff has the option to sue either: the court of the Member State of the event giving rise to the damage: where the publisher of the newspaper is established; the court of the Member State where the damage occurred: where defamatory article is distributed. However, it must be admitted that whilst infringement over the Internet has some similarity to multi-State defamation by means of newspapers, the position is not entirely analogous due to the cross-border nature of the Internet. A simple example which may appropriately illustrate its contentious nature is a defamatory statement published on a website accessible in different Member States, and available in different languages. Therefore, we need to answer the question: how these traditional jurisdictional rules apply in the case of intellectual property rights infringement over the Internet? Should these traditional jurisdictional rules be modified?
Faculty-Industry R&D Joint Ventures: Barriers VS Incentives for Developing Nations
The aspiration of this research article is to target and
focus the gains of university-Industry (U-I) collaborations and
exploring those hurdles which are the obstacles for attaining these
gains. University-Industry collaborations have attained great
importance since 1980 in USA due to its application in all fields of
life. U-I collaboration is a bilateral process where academia is a
proactive member to make such alliances. Universities want to
ameliorate their academic-base with the technicalities of technobabbles.
U-I collaboration is becoming an essential lane for achieving
innovative goals in this century. Many developed nations have set
successful examples to prove this phenomenon as a catalyst to reduce
costs, efforts and personnel for R&D projects. This study is exploits
amplitudes of UI collaboration incentives in the light of success
stories of developed countries. Many universities in USA, UK,
Canada and various European Countries have been engaged with
enterprises for numerous collaborative agreements. A long list of
strategic and short term R&D projects has been executed in
developed countries to accomplish their intended purposes. Due to
the lack of intentions, genuine research and research-oriented
environment, the mentioned field could not grow very well in
developing countries. During last decade, a new wave of research
has induced the institutes of developing countries to promote R&D
culture especially in Pakistan. Higher Education Commission (HEC)
has initiated many projects and funding supports for universities
which have collaborative intentions with industry.
Findings show that rapid innovation, overwhelm the technological
complexities and articulated intellectual-base are major incentives
which steer both partners to establish faculty-industry alliances. Everchanging
technologies, concerned about intellectual property,
different research environment and culture, research relevancy (Basic
or applied), exposure differences and diversity of knowledge
(bookish or practical) are main barriers to establish and retain joint
ventures. Findings also concluded that, it is dire need to support and
enhance cooperation among academia and industry to promote highly
coordinated research behaviors. Author has proposed a roadmap for
developing countries to promote R&D clusters among faculty and
industry to deal the technological challenges and innovation
complexities. Based on our research findings, Model for R&D
Collaboration for developing countries also have been proposed to
promote articulated R&D environment. If developing countries
follow this phenomenon, rapid innovations can be achieved with
limited R&D budget heads.
Paradigm and Paradox: Knowledge Management and Business Ethics
Knowledge management (KM) is generally
considered to be a positive process in an organisation, facilitating
opportunities to achieve competitive advantage via better quality
information handling, compilation of expert know-how and rapid
response to fluctuations in the business environment. The KM
paradigm as portrayed in the literature informs the processes that can
increase intangible assets so that corporate knowledge is preserved.
However, in some instances, knowledge management exists in a
universe of dynamic tension among the conflicting needs to respect
privacy and intellectual property (IP), to guard against data theft, to
protect national security and to stay within the laws. While the
Knowledge Management literature focuses on the bright side of the
paradigm, there is also a different side in which knowledge is
distorted, suppressed or misappropriated due to personal or
organisational motives (the paradox). This paper describes the ethical
paradoxes that occur within the taxonomy and deontology of
knowledge management and suggests that recognising both the
promises and pitfalls of KM requires wisdom.
Extraction of Semantic Digital Signatures from MRI Photos for Image-Identification Purposes
This paper makes an attempt to solve the problem of
searching and retrieving of similar MRI photos via Internet services
using morphological features which are sourced via the original
image. This study is aiming to be considered as an additional tool of
searching and retrieve methods. Until now the main way of the
searching mechanism is based on the syntactic way using keywords.
The technique it proposes aims to serve the new requirements of
libraries. One of these is the development of computational tools for
the control and preservation of the intellectual property of digital
objects, and especially of digital images. For this purpose, this paper
proposes the use of a serial number extracted by using a previously
tested semantic properties method. This method, with its center being
the multi-layers of a set of arithmetic points, assures the following
two properties: the uniqueness of the final extracted number and the
semantic dependence of this number on the image used as the
method-s input. The major advantage of this method is that it can
control the authentication of a published image or its partial
modification to a reliable degree. Also, it acquires the better of the
known Hash functions that the digital signature schemes use and
produces alphanumeric strings for cases of authentication checking,
and the degree of similarity between an unknown image and an
The Problems of Legal Regulation of Intellectual Property Rights in Innovation Activities in Russia (Institutional Approach)
Part IV of the Civil Code of the Russian Federation dedicated to legal regulation of Intellectual property rights came into force in 2008. It is a first attempt of codification in Intellectual property sphere in Russia. That is why a lot of new norms appeared. The main problem of the Russian Civil Code (part IV) is that many rules (norms of Law) contradict the norms of International Intellectual property Law (i.e. protection of inventions, creations, ideas, know-how, trade secrets, innovations). Intellectual property rights protect innovations and creations and reward innovative and creative activity. Intellectual property rights are international in character and in that respect they fit in rather well with the economic reality of the global economy. Inventors prefer not to take out a patent for inventions because it is a very difficult procedure, it takes a lot of time and is very expensive. That-s why they try to protect their inventions as ideas, know-how, confidential information. An idea is the main element of any object of Intellectual property (creation, invention, innovation, know-how, etc.). But ideas are not protected by Civil Code of Russian Federation. The aim of the paper is to reveal the main problems of legal regulation of Intellectual property in Russia and to suggest possible solutions. The authors of this paper have raised these essential issues through different activities. Through the panel survey, questionnaires which were spread among the participants of intellectual activities the main problems of implementation of innovations, protecting of the ideas and know-how were identified. The implementation of research results will help to solve economic and legal problems of innovations, transfer of innovations and intellectual property.1
A Study on the Application of TRIZ to CAD/CAM System
This study created new graphical icons and operating
functions in a CAD/CAM software system by analyzing icons in some
of the popular systems, such as AutoCAD, AlphaCAM, Mastercam
and the 1st edition of LiteCAM. These software systems all focused on
geometric design and editing, thus how to transmit messages
intuitively from icon itself to users is an important function of
graphical icons. The primary purpose of this study is to design
innovative icons and commands for new software.
This study employed the TRIZ method, an innovative design
method, to generate new concepts systematically. Through literature
review, it then investigated and analyzed the relationship between
TRIZ and idea development. Contradiction Matrix and 40 Principles
were used to develop an assisting tool suitable for icon design in
software development. We first gathered icon samples from the
selected CAD/CAM systems. Then grouped these icons by
meaningful functions, and compared useful and harmful properties.
Finally, we developed new icons for new software systems in order to
avoid intellectual property problem.
Techniques with Statistics for Web Page Watermarking
Information hiding, especially watermarking is a
promising technique for the protection of intellectual property rights.
This technology is mainly advanced for multimedia but the same has
not been done for text. Web pages, like other documents, need a
protection against piracy. In this paper, some techniques are
proposed to show how to hide information in web pages using some
features of the markup language used to describe these pages. Most
of the techniques proposed here use the white space to hide
information or some varieties of the language in representing
elements. Experiments on a very small page and analysis of five
thousands web pages show that these techniques have a wide
bandwidth available for information hiding, and they might form a
solid base to develop a robust algorithm for web page watermarking.
A Dual Digital-Image Watermarking Technique
Image watermarking has become an important tool for
intellectual property protection and authentication. In this paper a
watermarking technique is suggested that incorporates two
watermarks in a host image for improved protection and robustness.
A watermark, in form of a PN sequence (will be called the secondary
watermark), is embedded in the wavelet domain of a primary
watermark before being embedded in the host image. The technique
has been tested using Lena image as a host and the camera man as
the primary watermark. The embedded PN sequence was detectable
through correlation among other five sequences where a PSNR of
44.1065 dB was measured. Furthermore, to test the robustness of the
technique, the watermarked image was exposed to four types of
attacks, namely compression, low pass filtering, salt and pepper noise
and luminance change. In all cases the secondary watermark was
easy to detect even when the primary one is severely distorted.