Matching Items (8)

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The Structure of International Intellectual Property Agreements and their Effects on Developing States

Description

International intellectual property law has become an important factor in international trade as the world economy has become increasing interconnected. The foundational international intellectual property agreement is the TRIPS (Trade-Related

International intellectual property law has become an important factor in international trade as the world economy has become increasing interconnected. The foundational international intellectual property agreement is the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement, negotiated in 1994 and required by the World Trade Organization of all its member states. The TRIPS regime establishes minimum standards of protection, but developed states, especially the United States, continually push other countries to enact more stringent laws. This paper explains the power dynamic underlying this international legal order, and furthermore answers how developing states respond. By drawing on Immanuel Wallerstein’s world systems theory, Alisha Holland’s forbearance – the practice of states with the capacity to enforce laws choosing no to do so – and existing empirical studies of seven East and Southeast Asian states’ actions in the realm of intellectual property law in recent years, I argue that the intellectual property agreements under scrutiny are created and pushed by developed American and Western European states to serve their own economic interests. This is supported by a pattern of hegemonic meddling and threats, often by the United States, seeking to influence the domestic laws of developing states, and as a result prompts those states to pursue policies of deliberately partial enforcement – a prime example of forbearance – in an attempt to retain legal legitimacy under international agreements and drive their own economic development. This stands as a refutation of the naïve understanding that developed states have weak intellectual property protections due to apathy, ignorance, ineptitude, or other such moral failings (as developed states such as the United States have claimed). Instead, developing states are pursuing rational and deliberate legal strategies of partial enforcement.

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Agent

Created

Date Created
  • 2017-05

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An Intellectual Property Law Firm Business Plan

Description

This thesis serves as a business plan for an intellectual property law firm, Starr PLLC. The intellectual property law firm is intended to be started by two attorneys with 10+

This thesis serves as a business plan for an intellectual property law firm, Starr PLLC. The intellectual property law firm is intended to be started by two attorneys with 10+ years of experience. It is believed that the firm will be more profitable during the start-up phase if begun by attorneys with previous experience rather than recent law school graduates. Starr PLLC will gear its intellectual property services towards small business owners in the greater Phoenix area. Many small business owners seek intellectual property legal services from large firms where they do not to receive the service they deserve. Large law firms have several clients and often make themselves more available for larger well-known clients rather than small business owners. The needs of a small business owner often come in second to the needs of well-known clients. Additionally, small business owners are typically stuck with an inexperienced attorney handling a majority of their case when they use the services of a large law firm. Starr PLLC wants to change this by making small business owners the focus of its services and ensuring that their cases are handled by an experienced attorney. Starr PLLC would like to eventually expand to a mid-size firm with 30 \u2014 50 attorneys. Networking and marketing will be important to achieving that growth. For this thesis, current small business owners were interviewed and asked what they look for when seeking legal services. Half of the small business owners who were interviewed had sought intellectual property legal services prior to the interview and the other half had not. This allowed for insight from both types of clients. Additionally, several attorneys and the marketing director of a law firm were interviewed to gain insight regarding the operations of a pre-existing firm. The founding partner of a law firm was also interviewed and provided information on the many challenges that one must overcome to start a successful law firm. This business plan was structured around the responses received during these interviews as well as the ones previously mentioned.

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Agent

Created

Date Created
  • 2015-12

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Supply Chain Strategies to Safeguard High-Tech Intellectual Property in Operations Outsourced to China

Description

The surge of United States high-tech firms offshoring operations to China was driven by economic incentives of the early 1990s, low costs of labor, and ample access to an abundance

The surge of United States high-tech firms offshoring operations to China was driven by economic incentives of the early 1990s, low costs of labor, and ample access to an abundance of resources required in high-tech manufacturing. The dawn of the 21st century served as the advent of technological advancement and innovation in congruence with China’s rapid ascension as a prime high-tech manufacturing hub. However, increased allegations of foreign intellectual property (IP) infringement in outsourced research and development (R&D) and manufacturing on behalf of China’s state-owned enterprises (SOE) have evoked concern amongst international speculators, who allege China of weakened intellectual property enforcement and collusive tactics with state-owned enterprises in the cultivation of an anti-competitive marketplace. This thesis applies a trilateral approach to determine the optimal legal, supply chain management, and business strategies to safeguard the intellectual property of high-tech firms with outsourced operations in China.<br/><br/>Firstly, this thesis explores China’s rapid acceleration of manufacturing capabilities in tandem with nationalist initiatives, historical background, and subsequent influence cultural notions; aspirations in attaining global dominance as a high-tech innovator via nationalist programs and incentives. Succeeding is a comparative analysis of intellectual property between the United States and China, associations between intellectual property protection and economic development, and global intellectual property agreeance as set forth by the World Trade Organization (WTO). Following is a legal analysis of China, which assesses legislation, judicial structure, and litigation. Lastly, is an assessment of supply chain management in China, which assesses high-tech outsourcing practices, the vulnerability of intellectual property in research and development, instances of patent infringement, unfair licensing practices, and trade secret misappropriation.

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Agent

Created

Date Created
  • 2021-05

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The Intersection Between Patent Law and Technology

Description

This report analyzes the intersection that is present between law and technology. It covers the basics of patents and intellectual property law, and then touches briefly about the software side

This report analyzes the intersection that is present between law and technology. It covers the basics of patents and intellectual property law, and then touches briefly about the software side of patent law. The future of patent and technology law are explored as well. The main focus of this report is the patent that was created for a beacon that provides for a full enterprise resource planning solution at both supply chain and full business levels.

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Agent

Created

Date Created
  • 2016-12

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Policy Conflict Management in Distributed SDN Environments

Description

The ease of programmability in Software-Defined Networking (SDN) makes it a great platform for implementation of various initiatives that involve application deployment, dynamic topology changes, and decentralized network management in

The ease of programmability in Software-Defined Networking (SDN) makes it a great platform for implementation of various initiatives that involve application deployment, dynamic topology changes, and decentralized network management in a multi-tenant data center environment. However, implementing security solutions in such an environment is fraught with policy conflicts and consistency issues with the hardness of this problem being affected by the distribution scheme for the SDN controllers.

In this dissertation, a formalism for flow rule conflicts in SDN environments is introduced. This formalism is realized in Brew, a security policy analysis framework implemented on an OpenDaylight SDN controller. Brew has comprehensive conflict detection and resolution modules to ensure that no two flow rules in a distributed SDN-based cloud environment have conflicts at any layer; thereby assuring consistent conflict-free security policy implementation and preventing information leakage. Techniques for global prioritization of flow rules in a decentralized environment are presented, using which all SDN flow rule conflicts are recognized and classified. Strategies for unassisted resolution of these conflicts are also detailed. Alternately, if administrator input is desired to resolve conflicts, a novel visualization scheme is implemented to help the administrators view the conflicts in an aesthetic manner. The correctness, feasibility and scalability of the Brew proof-of-concept prototype is demonstrated. Flow rule conflict avoidance using a buddy address space management technique is studied as an alternate to conflict detection and resolution in highly dynamic cloud systems attempting to implement an SDN-based Moving Target Defense (MTD) countermeasures.

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Agent

Created

Date Created
  • 2017

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Intellectual property is not property: copyright and the culture of owning a myth

Description

The purpose of this study is to explore the shifting cultural norms of copyright law, and that concept’s impact on the performance and practice of artists producing original works of

The purpose of this study is to explore the shifting cultural norms of copyright law, and that concept’s impact on the performance and practice of artists producing original works of authorship. Although related concepts predate it, and today it exists as a subset of a broader category known as intellectual property, the purpose of copyright beginning with the United States Constitution was to allow for a temporary economic monopoly to an author of a fixed creative work. This monopoly was meant to incentivize authors to contribute to the public good with works that promote progress in science and art. However, increases over time in the scope and duration of copyright terms grant broader protections and controls for copyright owners today, while advances in technology have provided the public with the potential for near-limitless low-cost access to information. This creates a conflict between proprietary interest in creative works and the public’s right and ability to access and build on those works. The history of copyright law in America is rife with efforts to balance these competing interests.

The methodology for this study consisted of flexible strategies for collecting and analyzing data, primarily elite, semi-structured interviews with professional artists, attorneys, and others who engage with the cultural and legal norms of intellectual property regimes on a regular basis. Constant comparative analysis was used to maintain an emic perspective, prioritizing the subjective experience of individuals interviewed for this research project. Additional methods for qualitative analysis were also employed here to code and categorize gathered data, including the use of RQDA, a software package for Qualitative Data Analysis that runs within the R statistical software program. Various patterns and behaviors relevant to intellectual property reforms as they relate to artist practices were discussed in detail following the analysis of findings, in an effort to describe how cultural norms of copyright intersect with the creation of original works of authorship, and towards the development of the theory that the semiotic sign systems subject to intellectual property laws are not themselves forms of real property, as they do not meet the categorical requirements of scarce resources.

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Agent

Created

Date Created
  • 2018

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Leaning

Description

At its core, Leaning finds profound significance in unlikely moments of intimate

detail; the upkeep of a brother's gravesite, for example, is as quietly important as rummaging through a collection of

At its core, Leaning finds profound significance in unlikely moments of intimate

detail; the upkeep of a brother's gravesite, for example, is as quietly important as rummaging through a collection of sex toys. Haiku-like in their simplicity, meditation, and declaration, these poems give meaning to the smallness of our world.

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Agent

Created

Date Created
  • 2015

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Pop-up Maktivism: A Case Study of Organizational, Pharmaceutical, and Biohacker Narratives

Description

The biohacker movement is an important and modern form of activism. This study broadly examines how positive-activist-oriented biohackers emerge, organize, and respond to social crises. Despite growing public awareness, few

The biohacker movement is an important and modern form of activism. This study broadly examines how positive-activist-oriented biohackers emerge, organize, and respond to social crises. Despite growing public awareness, few studies have examined biohacking's influence on prevailing notions of organizing and medicine in-context. Therefore, this study examines biohacking in the context of the 2016 EpiPen price-gouging crisis, and explores how biohackers communicatively attempted to constitute counter-narratives and counter-logics about medical access and price through do-it-yourself (DIY) medical device alternatives. Discourse tracing and critical case study analysis are useful methodological frameworks for mapping the historical discursive and material logics that led to the EpiPen pricing crisis, including the medicalization of allergy, the advancement of drug-device combination technologies, and role of public health policy, and pharmaceutical marketing tactics. Findings suggest two new interpretations for how non-traditional forms of organizing facilitate new modes of resistance in times of institutional crisis. First, the study considers the concept of "pop-up maktivism" to conceptualize activism as a type of connective activity rather than collective organizing. Second, findings illustrate how activities such as participation and co-production can function as meaningful forms of institutional resistance within dominant discourses. This study proposes “mirrored materiality” to describe how biohackers deploy certain dominant logics to contest others. Lastly, implications for contributions to the conceptual frameworks of biopower, sociomateriality, and alternative organizing are discussed.

Contributors

Agent

Created

Date Created
  • 2019