Sample records for qualified intellectual property

  1. 26 CFR 1.6050L-2 - Information returns by donees relating to qualified intellectual property contributions.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... qualified intellectual property contributions. 1.6050L-2 Section 1.6050L-2 Internal Revenue INTERNAL REVENUE... § 1.6050L-2 Information returns by donees relating to qualified intellectual property contributions... receives or accrues net income during a taxable year from any qualified intellectual property contribution...

  2. 26 CFR 1.6050L-2 - Information returns by donees relating to qualified intellectual property contributions.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... qualified intellectual property contributions. 1.6050L-2 Section 1.6050L-2 Internal Revenue INTERNAL REVENUE...) Information Returns § 1.6050L-2 Information returns by donees relating to qualified intellectual property...), that receives or accrues net income during a taxable year from any qualified intellectual property...

  3. [Robots and intellectual property].

    PubMed

    Larrieu, Jacques

    2013-12-01

    This topic is part of the global issue concerning the necessity to adapt intellectual property law to constant changes in technology. The relationship between robots and IP is dual. On one hand, the robots may be regarded as objects of intellectual property. A robot, like any new machine, could qualify for a protection by a patent. A copyright may protect its appearance if it is original. Its memory, like a database, could be covered by a sui generis right. On the other hand, the question of the protection of the outputs of the robot must be raised. The robots, as the physical embodiment of artificial intelligence, are becoming more and more autonomous. Robot-generated works include less and less human inputs. Are these objects created or invented by a robot copyrightable or patentable? To whom the ownership of these IP rights will be allocated? To the person who manufactured the machine ? To the user of the robot? To the robot itself? All these questions are worth discussing.

  4. Intellectual Property.

    ERIC Educational Resources Information Center

    Swinson, John V.

    2000-01-01

    Intellectual property is a term that covers a number of different rights. Considers issues such as what are the basic forms of intellectual property; who owns the intellectual property created by a teacher; who owns intellectual property created by students; and use of downloaded materials from the internet. (Author/LM)

  5. Intellectual Property Law as an Internal Limit on Intellectual Property Rights and Autonomous Source of Liability for Intellectual Property Owners

    ERIC Educational Resources Information Center

    Judge, Elizabeth F.

    2007-01-01

    This article considers the interplay between intellectual property rights and classic property rights raised by Hoffman v. Monsanto (2005) and advances the idea that intellectual property law can serve as an autonomous source of liability for intellectual property owners. The article develops the conceptual advantages of demarcating physical and…

  6. Intellectual property management

    NASA Astrophysics Data System (ADS)

    Brennan, Thomas F.

    2001-05-01

    Companies make investments of time and money in order to develop new products, or improve existing products. They make similar investments in intellectual capitol. such investments can lead to increased revenue and shareholder value as well. Companies must bring a disciplined approach to intellectual property management to achieve the best return on the creation of intellectual capitol.

  7. 39 CFR 501.19 - Intellectual property.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 39 Postal Service 1 2011-07-01 2011-07-01 false Intellectual property. 501.19 Section 501.19... POSTAGE EVIDENCING SYSTEMS § 501.19 Intellectual property. Providers submitting Postage Evidencing Systems to the Postal Service for approval are responsible for obtaining all intellectual property licenses...

  8. Intellectual property and information controversy(I)

    NASA Astrophysics Data System (ADS)

    Aoyama, Hirokazu

    This paper deals with intellectual property as the results of various intellectual activities such as R & D, and intellectual proprietary rights which protect it. New technology, designs, literary works, computer programs, semiconductor chips, new plant breeding, brands, trading secrets, CI and others, and legislations which protect them are described. Then, the background of the fact that intellectual proprietary rights are emphasized as analyzed. The author points out items as follows; movement toward much larger size of R & D, generation of the areas to be newly protected, trend in enforcement of intellectual property protection, commercialization of intellectual property, trend in software evolution, movement in technological protectionism, and the present status on each item.

  9. Pluralism and Context: Intellectual Property and the Social Understandings of Intellectual Goods

    ERIC Educational Resources Information Center

    Lenhart, Laura

    2014-01-01

    Intellectual property affects an increasingly large range of social life. Despite the breadth of goods and activities affected by intellectual property schemas, policy-makers, legislators, jurists and even many social theorists have a narrow understanding of the basis for instituting intellectual property rights and understanding their limits:…

  10. Intellectual property and information controversy (II)

    NASA Astrophysics Data System (ADS)

    Aoyama, Hirokazu

    As advanced information has been proceeded rapidly, intellectual property has become more important than ever as business resources of enterprises. Based on the former report by the author "present status of and trend in intellectual property" this paper describes "information" related intellectual property controversy which have been occurred, that is, 1) affairs related to computer hardwares and softwares (the case of compatible machines and OS, the case of application softwares, computer crimes) and 2) affairs on trade secret (the case of revealing enterprises'secret, the case of industrial espionage). It also discusses how intellectual property should be protected and utilized from now on.

  11. 32 CFR 37.1310 - Intellectual property.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 1 2011-07-01 2011-07-01 false Intellectual property. 37.1310 Section 37.1310... REGULATIONS TECHNOLOGY INVESTMENT AGREEMENTS Definitions of Terms Used in This Part § 37.1310 Intellectual property. Inventions, data, works of authorship, and other intangible products of intellectual effort that...

  12. 32 CFR 37.1310 - Intellectual property.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 1 2010-07-01 2010-07-01 false Intellectual property. 37.1310 Section 37.1310... REGULATIONS TECHNOLOGY INVESTMENT AGREEMENTS Definitions of Terms Used in This Part § 37.1310 Intellectual property. Inventions, data, works of authorship, and other intangible products of intellectual effort that...

  13. Intellectual property strategy in bioinformatics and biochips.

    PubMed

    Fernandez, Dennis; Chow, Mary

    2005-07-15

    Intellectual property rights are essential in today's technology-driven age. A strong intellectual property protection strategy is crucial in the bioinformatics and biochips technology spaces as monetary and temporal resources are tremendous in finding a blockbuster drug or gene therapy, as well as in deploying advanced biosensor and other medical systems. Current problems and intellectual property practice in the genomic space are presented and analyzed. Various strategy and solutions are proposed to guide bioinformatic and biochip companies in forming an aggressive strategy to protect one's intellectual property and competitive positioning.

  14. 10 CFR 603.1285 - Intellectual property.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 10 Energy 4 2011-01-01 2011-01-01 false Intellectual property. 603.1285 Section 603.1285 Energy... Used in this Part § 603.1285 Intellectual property. Patents, trademarks, copyrights, mask works, protected data, and other forms of comparable property protected by Federal law and foreign counterparts. ...

  15. 10 CFR 603.1285 - Intellectual property.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... Used in this Part § 603.1285 Intellectual property. Patents, trademarks, copyrights, mask works, protected data, and other forms of comparable property protected by Federal law and foreign counterparts. ... 10 Energy 4 2014-01-01 2014-01-01 false Intellectual property. 603.1285 Section 603.1285 Energy...

  16. An intellectual property primer.

    PubMed

    Penner, Mark D

    2008-06-01

    While many may think of it as an "invention" of the modern age, intellectual property ("IP") has existed since at least as early as the 17th Century with the advent of the Statute of Monopolies in the U.K. Intellectual property has evolved significantly since then into an important aspect of modern day society touching all of our lives in some form or another Canadian health care in the 21st Century is no exception. This article attempts to provide health care professionals who may not be familiar with this subject matter with a general overview of what is "intellectual property". Many readers may be aware ofintellectual property on some level but may not understand how the various types of IP function and interrelate, as well as the possible impact on the nature and scope of health care services. The purpose of this article is to attempt to provide the reader with the tools, definition and 'jargon" to understand IP so that they can appreciate the issues discussed in greater detail in the remaining papers of this special edition.

  17. Promoting justice in stem cell intellectual property.

    PubMed

    Regenberg, Alan; Mathews, Debra J H

    2011-11-01

    According to the World Trade Organization, intellectual property rights are "rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time." The rationale behind intellectual property rights is to offer a quid pro quo, between creators and the public, intended to spur innovation. Inventors gain exclusivity (and an opportunity for profits) in exchange for publicly disclosing details about their creations. The public gains free access to information - information that can then be used to support further innovation. Innovation is seen as an inherent good in this context, as it can lead to the development of things people need (e.g., treatments for disease, green energy technologies or a better mousetrap). Exclusive rights to intellectual property are managed via patents and licenses, with patenting being primarily regulated at the national level. Intellectual property rights are the dominant mechanism used in innovation policy, particularly in science. However, myriad modifications and alternatives to intellectual property rights have been proposed and utilized, including patent pooling, intellectual property exchanges and clearing houses, innovation prizes and open-source licenses. The challenges related to competing models of innovation policy present in a fairly consistent manner across most fields of science. However, this paper will focus exclusively on intellectual property rights and models of innovation policy in the context of stem cell science. It is not that the issues themselves are unique in this context, but rather that there are a series of factors that make a discussion of intellectual property rights and models of innovation policy particularly important in the context of stem cell science.

  18. 14 CFR 1274.208 - Intellectual property.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... organization for experimental, developmental, research, design or engineering work in support of the agreement... COMMERCIAL FIRMS Pre-Award Requirements § 1274.208 Intellectual property. (a) Intellectual property rights. A...) with a domestic nonprofit organization or a small business firm for experimental, developmental, or...

  19. 10 CFR 603.1285 - Intellectual property.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false Intellectual property. 603.1285 Section 603.1285 Energy DEPARTMENT OF ENERGY (CONTINUED) ASSISTANCE REGULATIONS TECHNOLOGY INVESTMENT AGREEMENTS Definitions of Terms Used in this Part § 603.1285 Intellectual property. Patents, trademarks, copyrights, mask works...

  20. What Every School Should Know about Intellectual Property

    ERIC Educational Resources Information Center

    Stroder, Rebecca S.

    2006-01-01

    Most institutions aren't aware of their valuable intellectual property, and some believe they have intellectual property when they don't, which can lead to expensive lawsuits or licensing fees. "Intellectual property" generally consists of copyrights, trademarks, and patents. Most familiar is copyright, the statutory protection mechanism for…

  1. Intellectual Property and the National Information Infrastructure. The Report of the Working Group on Intellectual Property Rights.

    ERIC Educational Resources Information Center

    Lehman, Bruce A.

    In February 1993, the Information Infrastructure Task Force (IITF) was formed to articulate and implement the Clinton Administration's vision for the National Information Infrastructure (NII). The Working Group on Intellectual Property Rights was established within the Information Policy Committee to examine the intellectual property implications…

  2. 26 CFR 1.179A-1 - Recapture of deduction for qualified clean-fuel vehicle property and qualified clean-fuel vehicle...

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ...-burning fuel; (B) The vehicle is used by the taxpayer in a manner described in section 50(b); (C) The... vehicle property and qualified clean-fuel vehicle refueling property. 1.179A-1 Section 1.179A-1 Internal... for qualified clean-fuel vehicle property and qualified clean-fuel vehicle refueling property. (a) In...

  3. Computer- and Internet-related intellectual property issues

    NASA Astrophysics Data System (ADS)

    Meyer, Stuart P.

    2001-05-01

    Computer-related technologies, such as the Internet, have posed new challenges for intellectual property law. Legislation and court decisions impacting patents, copyrights, trade secrets and trademarks have adapted intellectual property law to address new issues brought about by such emerging technologies. As the pace of technological change continues to increase, intellectual property law will need to keep up. Accordingly, the balance struck by intellectual property laws today will likely be set askew by technological changes in the future. Engineers need to consider not only the law as it exists today, but also how it might change in the future. Likewise, lawyers and judges need to consider legal issues not only in view of the current state of the art in technology, but also with an eye to technologies yet to come.

  4. Introduction to intellectual property rights for investigators in health research and institutional intellectual property policy.

    PubMed

    Shemdoe, Georges S

    2009-11-01

    The concept of Intellectual Property (IP) in the domain of technology has assumed enhanced importance and the subject matter has attracted more interest with time. As the world moves towards a knowledge-based economy, where wealth creation is no longer based on the capital investment per se, but rather more and more on the brainpower and ability to create, Intellectual Property has become an integral part of world business and a major source for wealth creation and economic growth (ARIPO, 2002). In recognizing the importance of IPR, African Malaria Network Trust (AMANET) has decided to include a module of intellectual property rights in its Health Research Ethics Training Courses for Investigators. This paper is introducing the subject of IP to investigators in health research so that they are able to recognize its importance as IP creators and utilizers of the IP system.

  5. Legal ramifications of intellectual property

    NASA Technical Reports Server (NTRS)

    Kempf, Robert F.

    1990-01-01

    Recent government policy changes that have resulted in encouraging or requiring increased intellectual property rights of federally funded research and development activities are examined. The reasons for these changes are discussed, including considerations related to technology transfer, patent rights, copyrights, trade secrets, and computer software issues. The effect of these changes on traditional approaches to the dissemination of federally funded scientific and technical information is considered and predictions concerning future trends in intellectual property rights are given.

  6. Legal ramifications of intellectual property

    NASA Technical Reports Server (NTRS)

    Kempf, Robert F.

    1990-01-01

    Recent government policy changes that have resulted in encouraging or requiring increased intellectual property rights of Federally funded research and development activities are examined. The reasons for these changes are discussed, including considerations related to technology transfer, patent rights, copyrights, trade secrets, and computer software issues. The effect of these changes on traditional approaches to the dissemination of Federally funded scientific and technical information is considered and predictions concerning future trends in intellectual property rights are given.

  7. Know your intellectual property rights.

    PubMed

    Khan, A

    1999-03-01

    Dismissing intellectual property rights as someone else's responsibility may not be prudent. It can jeopardize a company's future business because any new product could be unprotected, or even worse, belong to someone else. This article explains how a little strategic planning and due diligence can help prevent unnecessary legal costs. Much of a company's value can be tied up in intangible assets such as patents, trademarks and copyright, and an intellectual property audit helps assess its true worth.

  8. 26 CFR 1.179A-1 - Recapture of deduction for qualified clean-fuel vehicle property and qualified clean-fuel vehicle...

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... longer be propelled by a clean-burning fuel; (B) The vehicle is used by the taxpayer in a manner... vehicle property and qualified clean-fuel vehicle refueling property. 1.179A-1 Section 1.179A-1 Internal... of deduction for qualified clean-fuel vehicle property and qualified clean-fuel vehicle refueling...

  9. Management of intellectual property rights in India: An updated review

    PubMed Central

    Tiwari, R.; Tiwari, G.; Rai, A. K.; Srivastawa, Birendra

    2011-01-01

    The World Trade Organization's agreement on Trade-Related Aspects of Intellectual Property Rights set global minimum standards for the protection of intellectual property, substantially increasing and expanding intellectual property rights, and generated clear gains for the pharmaceutical industry and the developed world. The present review elaborates all aspects of Intellectual Property Rights in detail, along with their protection criteria. PMID:22470229

  10. 14 CFR 1274.208 - Intellectual property.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... business organization for experimental, developmental, research, design or engineering work in support of... WITH COMMERCIAL FIRMS Pre-Award Requirements § 1274.208 Intellectual property. (a) Intellectual... similar arrangement) with a domestic nonprofit organization or a small business firm for experimental...

  11. 14 CFR 1274.208 - Intellectual property.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... business organization for experimental, developmental, research, design or engineering work in support of... WITH COMMERCIAL FIRMS Pre-Award Requirements § 1274.208 Intellectual property. (a) Intellectual... similar arrangement) with a domestic nonprofit organization or a small business firm for experimental...

  12. 14 CFR 1274.208 - Intellectual property.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... business organization for experimental, developmental, research, design or engineering work in support of... WITH COMMERCIAL FIRMS Pre-Award Requirements § 1274.208 Intellectual property. (a) Intellectual... similar arrangement) with a domestic nonprofit organization or a small business firm for experimental...

  13. Is the Non-rivalrousness of Intellectual Objects a Problem for the Moral Justification of Economic Rights to Intellectual Property?

    PubMed

    Varelius, Jukka

    2015-08-01

    It is often argued that the fact that intellectual objects-objects like ideas, inventions, concepts, and melodies-can be used by several people simultaneously makes intellectual property rights impossible or particularly difficult to morally justify. In this article, I assess the line of criticism of intellectual ownership in connection with a central category of intellectual property rights, economic rights to intellectual property. I maintain that it is unconvincing.

  14. 'Food for Engineers': Intellectual Property Education for Innovators

    ERIC Educational Resources Information Center

    Soetendorp, Ruth

    2004-01-01

    Intellectual property competence can assist individuals and organizations to capitalize on opportunities presented by accelerating developments in the knowledge economy. Engineers translate ideas into concrete solutions, which are frequently useful and commercially valuable, if the intrinsic intellectual property has been identified and protected.…

  15. Research on Intellectual Property Conflicts Identification in Knowledge Transferring among EC Enterprises

    NASA Astrophysics Data System (ADS)

    Su, Shibin

    As the lacks of existing research about intellectual property conflicts management of EC enterprise, the paper analysis the intellectual property conflicts in knowledge transferring among EC enterprises by intellectual property types, then, the paper makes research on intellectual property conflicts identification in knowledge transferring among EC enterprises, and gives relative assumption, meanwhile, the paper makes quantities identification of intellectual property conflicts in knowledge transferring among EC enterprises by evidential theory, finally, the paper gives the further research orientations.

  16. 76 FR 7681 - Establishment of the Intellectual Property Enforcement Advisory Committees

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-02-11

    ... Order 13565 of February 8, 2011 Establishment of the Intellectual Property Enforcement Advisory... hereby ordered as follows: Section 1. Senior Intellectual Property Enforcement Advisory Committee. (a) Establishment of Committee. There is established an interagency Senior Intellectual Property Enforcement...

  17. Essjay's "Ethos": Rethinking Textual Origins and Intellectual Property

    ERIC Educational Resources Information Center

    Brown, James J., Jr.

    2009-01-01

    Discussions of intellectual property are often the focus of rhetoric and composition research, and the question of textual origins grounds these discussions. Through an examination of Wikipedia, the online encyclopedia anyone can edit, this essay addresses disciplinary concerns about textual origins and intellectual property through a discussion…

  18. A review of intellectual property rights in biotechnology.

    PubMed

    Hing, C B; Back, D L

    2009-08-01

    Intellectual property rights protect innovations and their authors. This review describes the concepts of copyright and patent with their relative merits and drawbacks. An understanding of intellectual property rights is important for doctors to allow protection of their work but should not be at the expense of scientific progress.

  19. Intellectual Property and Higher Education: Challenges and Conflicts

    ERIC Educational Resources Information Center

    Van Dusen, Virgil

    2013-01-01

    Intellectual property has become a highly coveted asset that can potentially reap a financial windfall for the owner who exploits its utility. Higher education has focused on the discovery of new knowledge, which can translate into intellectual property, but legislation, higher education policy, and/or contractual engagement may dictate ownership…

  20. Intellectual Property: What Do Teachers and Students Know?

    ERIC Educational Resources Information Center

    Starkey, Louise; Corbett, Susan; Bondy, Ann; Davidson, Susan

    2010-01-01

    As society changes from an industrial to a knowledge era increasing importance and value is being placed on intellectual property rights. Technology teachers need to have pedagogical content knowledge of intellectual property if they are to incorporate it into their learning programmes to enable students to consider how to respect others'…

  1. 14 CFR § 1274.208 - Intellectual property.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... business organization for experimental, developmental, research, design or engineering work in support of... AGREEMENTS WITH COMMERCIAL FIRMS Pre-Award Requirements § 1274.208 Intellectual property. (a) Intellectual... similar arrangement) with a domestic nonprofit organization or a small business firm for experimental...

  2. An introduction to intellectual property licensing for technology companies

    NASA Astrophysics Data System (ADS)

    Meier, Lawrence H.

    2001-05-01

    Intellectual property licensing is an important issue facing all technology companies. Before entering into license agreements a number of issues need to be addressed, including invention ownership, obtaining and identifying licensable subject matter, and developing a licensing strategy. There are a number of important provisions that are included in most intellectual property license agreements. These provisions include definitions, the license grant, consideration, audit rights confidentiality, warranties, indemnification, and limitation of liability. Special licensing considerations exist relative to each type of intellectual property, and when the other party is a foreign company or a university.

  3. Statement on Intellectual Property

    ERIC Educational Resources Information Center

    American Association of University Professors, 2014

    2014-01-01

    The management of university-generated intellectual property is complex and carries significant consequences for those involved in direct negotiations (faculty inventors, companies, university administrators, attorneys, and invention-management agents) as well as those who may be affected (competing companies, the public, patients, and the wider…

  4. Intellectual Property in "College English"--and English Studies

    ERIC Educational Resources Information Center

    DeVoss, Danielle Nicole

    2013-01-01

    In this review, I look back to the first issue of College English, and then across the years to trace the ways in which "Intellectual Property" (and this distinction from intellectual property is important) has been addressed by authors in the pages of the journal. I distinguish two periods of time marked by different approaches to IP issues, and…

  5. 75 FR 17412 - Cancer Therapy Evaluation Program Intellectual Property Option to Collaborator

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-04-06

    ... Program Intellectual Property Option to Collaborator AGENCY: National Cancer Institute (NCI), National... Evaluation Program (CTEP) INTELLECTUAL PROPERTY OPTION. The proposed policy, if finalized, would establish... recommended Intellectual Property Option and Institution Notification if they wish to be considered for...

  6. 26 CFR 1.179A-1 - Recapture of deduction for qualified clean-fuel vehicle property and qualified clean-fuel vehicle...

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 26 Internal Revenue 3 2012-04-01 2012-04-01 false Recapture of deduction for qualified clean-fuel vehicle property and qualified clean-fuel vehicle refueling property. 1.179A-1 Section 1.179A-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES (CONTINUED) Itemized Deductions for...

  7. 26 CFR 1.179A-1 - Recapture of deduction for qualified clean-fuel vehicle property and qualified clean-fuel vehicle...

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 26 Internal Revenue 3 2014-04-01 2014-04-01 false Recapture of deduction for qualified clean-fuel vehicle property and qualified clean-fuel vehicle refueling property. 1.179A-1 Section 1.179A-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES (CONTINUED) Itemized Deductions for...

  8. 26 CFR 1.179A-1 - Recapture of deduction for qualified clean-fuel vehicle property and qualified clean-fuel vehicle...

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 26 Internal Revenue 3 2013-04-01 2013-04-01 false Recapture of deduction for qualified clean-fuel vehicle property and qualified clean-fuel vehicle refueling property. 1.179A-1 Section 1.179A-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES (CONTINUED) Itemized Deductions for...

  9. Language revitalization in Native North America--issues of intellectual property rights and intellectual sovereignty.

    PubMed

    Tatsch, Sheri

    2004-01-01

    Language revitalization, oral tradition and epistemology are expressions of Native peoples intellectual sovereignty, and thus the foundation for indigenous intellectual property rights. As the people of California move towards language and cultural revitalization the question arises: What constitutes or constructs the definitions of intellectual property and how can appropriation of indigenous knowledge be protected? Looking at the issues faced by the California's indigenous populace and by implication, other indigenous peoples in the United States, this essay examines how protection may be afforded under the United Nations definition of 'heritage'. Given that the holding safe of a 'culture' or 'heritage' is inclusive of language, and thus has been determined to be a human right.

  10. Intellectual Property Rights at the National Aeronautics and Space Administration, Lewis Research Center

    NASA Technical Reports Server (NTRS)

    Williams, Vernon E.

    1994-01-01

    At a fundamental level, intellectual property is the core work product of a technical organization. The National Aeronautics and Space Administration (NASA), produces a variety of intellectual property including: patents, trademarks, data rights, copyright and rights associated with National Security. For a scientific organization to properly manage its work product it has to manage its intellectual property. This paper endeavors to describe how the intellectual property rights are generated and allocated at NASA. The author then goes on to discuss how the intellectual property might be managed to meet the objectives of program implementation, technology transfer and security.

  11. Impact of Intellectual Property Laws on Part-Time Faculty. The Effective Voice for You.

    ERIC Educational Resources Information Center

    Duby, James R., Jr.

    This guide explains some of the intellectual property rights of part-time college faculty members and the circumstances under which faculty can defend intellectual property rights. The term "intellectual property" refers to proprietary information, materials, or products, the owner of which may possess intellectual property rights under trademark,…

  12. Intellectual Property Needs and Expectations of Traditional Knowledge Holders. WIPO Report on Fact-Finding Missions on Intellectual Property and Traditional Knowledge (1998-1999).

    ERIC Educational Resources Information Center

    2001

    This report presents information compiled by the World Intellectual Property Organization (WIPO) from nine fact-finding missions conducted by WIPO in 1998 and 1999 on the intellectual property (IP) needs and expectations of holders of traditional knowledge. The fact-finding missions (FFMs) were designed to enable WIPO to identify the IP needs and…

  13. Changing Drug Markets Under New Intellectual Property Regimes: The View From Central America

    PubMed Central

    Cerón, Alejandro

    2011-01-01

    The intellectual property rules inscribed in the Central American Free Trade Agreement have generated concern about access to medicines. We examined the implementation of the new intellectual property regime by tracking the policies and practices in place across 4 Central American countries. Although all 4 were responding to the same requirements under the agreement, their implementation of intellectual property rules differed. Not only were institutional practices different, but the lists of drugs to which intellectual property protection was applied varied in both volume and content. We also found that even without the influence of intellectual property, drug pricing in the region was often unpredictable and that lower cost was not the only motivation driving governments' purchasing decisions. PMID:21566033

  14. Changing drug markets under new intellectual property regimes: the view from Central America.

    PubMed

    Godoy, Angelina Snodgrass; Cerón, Alejandro

    2011-07-01

    The intellectual property rules inscribed in the Central American Free Trade Agreement have generated concern about access to medicines. We examined the implementation of the new intellectual property regime by tracking the policies and practices in place across 4 Central American countries. Although all 4 were responding to the same requirements under the agreement, their implementation of intellectual property rules differed. Not only were institutional practices different, but the lists of drugs to which intellectual property protection was applied varied in both volume and content. We also found that even without the influence of intellectual property, drug pricing in the region was often unpredictable and that lower cost was not the only motivation driving governments' purchasing decisions.

  15. 6 CFR 25.10 - Confidentiality and protection of Intellectual Property.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... protection of Intellectual Property. (a) General. The Secretary, in consultation with the Office of... 6 Domestic Security 1 2011-01-01 2011-01-01 false Confidentiality and protection of Intellectual Property. 25.10 Section 25.10 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY...

  16. Intellectual Property in Higher Education: A Legal Compendium. Second Edition.

    ERIC Educational Resources Information Center

    Byman, Abigail, Ed.; Geller, Randolph, Ed.

    This compendium focuses on intellectual property law, which includes copyrights, patents, and trademarks as well as applications of intellectual property in distance learning software, the Internet, and research data. It includes formal journal articles, policies, and outlines from the National Association of College and University Attorneys. Ten…

  17. 10 CFR 603.550 - Acceptability of intellectual property.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... contributions of cash or tangible assets. The purpose of cost share is to ensure that the recipient incurs real... AGREEMENTS Pre-Award Business Evaluation Cost Sharing § 603.550 Acceptability of intellectual property. (a) In most instances, the contracting officer should not count costs of patents and other intellectual...

  18. Institutional Responses on Strengthened Intellectual Property Rights in Agriculture and Needs' Assessment on Intellectual Property Management of Public Research Institutions in Asian Developing Countries

    ERIC Educational Resources Information Center

    Payumo, Jane; Grimes, Howard

    2011-01-01

    Intellectual property rights (IPRs) are being introduced or strengthened in developing countries as a result of international agreements such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization (WTO). This study conducted a web-based survey to gain perspective on the impact of IPRs to…

  19. Intellectual Property Rights and The Classroom: What Teachers Can Do

    ERIC Educational Resources Information Center

    Falcon, Raymond

    2010-01-01

    Intellectual property rights restrict teachers' and students' ability to freely explore the intellectual realms of the classroom. Copyright laws protect the author and their work but disable other intellectuals from investigating probable learning environments. This paper will look at key issues where educational institutions are conflicting with…

  20. Intellectual property as an instrument of interaction between government, business, science and society

    NASA Astrophysics Data System (ADS)

    Nikitenko, S. M.; Mesyats, M. A.; Rozhkova, O. V.

    2017-09-01

    This article is devoted to research the characteristics associated with pledge of intellectual property in foreign and domestic practice. Holding intellectual property objects’ pledge transactions accelerates the pace of creating innovative systems in the economy. In present paper the modern scheme for bank loan, financing secured with patented intellectual property is researched. The authors give the brief description of features of pledge security registration for loans in some Europe countries. The Europe Union experience shows that as collateral for monetary loans can be used trademarks, patents on the intellectual property, as well as their registration requests. Russian experience of the pledge operations of the intellectual property is too small. This way of bank lending is at an early stage of development. The main constraint is the difficulty of assessing the value of the pledged intellectual property as intangible assets. However, taking into account world and domestic practice this direction for Russian market is estimated by the authors as promising one. Pledge transactions take place within the framework of the Quadruple-Helix Model concept that involves four participants: “science”, “business”, “government” and “society”. Intellectual property are estimates by the authors as an instrument of interaction between government, business, science and society.

  1. Intellectual property : national and international perspectives.

    DOT National Transportation Integrated Search

    2009-06-01

    A consistent approach to managing intellectual property (IP) permits the effective transfer of the results of research : and encourages the use of products and services by client organizations. This Preliminary Investigation seeks to : capture curren...

  2. Drug patents and intellectual property rights.

    PubMed

    Raj, Gerard Marshall; Priyadarshini, Rekha; Mathaiyan, Jayanthi

    2015-04-01

    Inquisitive scientists are untiring and relentless in the hard work they perform day in and day out. In this pursuit, a researcher has to exercise their intellectual expertise in its entirety. Eventually, all credit of the invention is vested with the inventor who has the right of control over their intellectual creation. Likewise, pharmaceutical companies spend extravagantly in successfully introducing a novel drug from hundreds and thousands of lead compounds. Hence, it is a prerogative for every company to protect its innovative products from unauthorized duplication. Certainly, "patents" are the sole custodians of these products of medical intelligence - the drugs! This review focuses on the various intricacies of the drug patent system all over the world with special emphasis on India, Europe, and the United States. A note on other intellectual properties such as copyrights, trademarks, and designs is also added.

  3. Needed: a new system of intellectual property rights.

    PubMed

    Thurow, L C

    1997-01-01

    The world's current system of intellectual property rights has in recent years become unworkable and ineffective. Designed more than 100 years ago to meet the needs of an industrial era, it is inadequate to handle the ownership and distribution of intellectual property generated by the brainpower industries that have come to dominate the world's economy. The prevailing wisdom is that minor tweaking can remedy the problem. But MIT economist Lester Thurow challenges such thinking and calls instead for a new system--one redesigned from the ground up. In making his case for why the old system doesn't work anymore, Thurow lays out the challenges the new system must meet. It must offer incentives to inventors that are strong enough to offset the decline in publicly funded research. At the same time, it must protect the public interest by keeping some intellectual property--basic scientific knowledge, for example--in the public domain. The new system must be flexible enough to deal with the fact that new technologies have created new potential forms of intellectual property rights (Can pieces of a human being be patented?) and have made old rights unenforceable (When books can be downloaded from an electronic library, what does a copyright mean?). And in an increasingly global economy, a new system must meet the needs of both "catch-up" states and "keep-ahead" states. A system that ignores the lesson of history--that every country that has caught up has done so by copying--will be an unenforceable one.

  4. Synthetic biology and intellectual property rights: six recommendations.

    PubMed

    Minssen, Timo; Rutz, Berthold; van Zimmeren, Esther

    2015-02-01

    On 26th November 2013, the Danish Agency for Science, Technology and Innovation organized an expert meeting on "Synthetic Biology & Intellectual Property Rights" in Copenhagen sponsored by the European Research Area Network in Synthetic Biology (ERASynBio). The meeting brought together ten experts from different countries with a variety of professional backgrounds to discuss emerging challenges and opportunities at the interface of synthetic biology and intellectual property rights. The aim of this article is to provide a summary of the major issues and recommendations discussed during the meeting. Copyright © 2015 WILEY-VCH Verlag GmbH & Co. KGaA, Weinheim.

  5. The Public and Private Domains: Intellectual Property Rights in Traditional Knowledge.

    ERIC Educational Resources Information Center

    Dutfield, Graham

    2000-01-01

    Defines traditional knowledge and its uses and argues that intellectual property law contains an in-built bias that protects the intangible assets of companies while failing to recognize traditional knowledge as protectable subject matter. Discusses the globalization of intellectual property rights and the unjust situation for indigenous people.…

  6. 77 FR 42765 - Request of the U.S. Intellectual Property Enforcement Coordinator for Public Comments...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-07-20

    ... OFFICE OF MANAGEMENT AND BUDGET Request of the U.S. Intellectual Property Enforcement Coordinator for Public Comments: Development of the Joint Strategic Plan on Intellectual Property Enforcement AGENCY: Office of the U.S. Intellectual Property Enforcement Coordinator, Executive Office of the...

  7. 39 CFR 501.19 - Intellectual property.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... Postal Service UNITED STATES POSTAL SERVICE POSTAGE PROGRAMS AUTHORIZATION TO MANUFACTURE AND DISTRIBUTE POSTAGE EVIDENCING SYSTEMS § 501.19 Intellectual property. Providers submitting Postage Evidencing Systems... that may be required to distribute their product in commerce and to allow the Postal Service to process...

  8. 26 CFR 1.593-6 - Pre-1970 addition to reserve for losses on qualifying real property loans.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    .... § 1.593-6 Pre-1970 addition to reserve for losses on qualifying real property loans. (a) In general... losses on qualifying real property loans for any taxable year beginning before July 12, 1969, is the... year against the reserve for losses on qualifying real property loans pursuant to § 1.593-10 (relating...

  9. 26 CFR 1.593-6 - Pre-1970 addition to reserve for losses on qualifying real property loans.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    .... § 1.593-6 Pre-1970 addition to reserve for losses on qualifying real property loans. (a) In general... losses on qualifying real property loans for any taxable year beginning before July 12, 1969, is the... year against the reserve for losses on qualifying real property loans pursuant to § 1.593-10 (relating...

  10. 26 CFR 1.593-6 - Pre-1970 addition to reserve for losses on qualifying real property loans.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    .... § 1.593-6 Pre-1970 addition to reserve for losses on qualifying real property loans. (a) In general... losses on qualifying real property loans for any taxable year beginning before July 12, 1969, is the... year against the reserve for losses on qualifying real property loans pursuant to § 1.593-10 (relating...

  11. 26 CFR 1.593-6 - Pre-1970 addition to reserve for losses on qualifying real property loans.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    .... § 1.593-6 Pre-1970 addition to reserve for losses on qualifying real property loans. (a) In general... losses on qualifying real property loans for any taxable year beginning before July 12, 1969, is the... year against the reserve for losses on qualifying real property loans pursuant to § 1.593-10 (relating...

  12. Investigations regarding the evaluation of specific intellectual property production risks within Quality Management System

    NASA Astrophysics Data System (ADS)

    Pakocs, R.; Lupulescu, N. B.

    2016-11-01

    This paper is a theoretical research concerning methods for risk assessment of specific intellectual property production risks that are identified in the product achievement stage within the Quality Management System. In order to realize this, we will start by identifying the specific intellectual property production risks and by proposing some new calculating formulas for minimalizing their negative effects. The theoretical model proposed assessment of specific intellectual property production risks, will be realized based on 3 hypothetical situations. This study intends to reduce the intellectual property risks identified in the production process of commercial societies that have an industrial profile.

  13. 76 FR 60114 - Section 306 Monitoring of Paraguay: Memorandum of Understanding on Intellectual Property Rights...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-09-28

    ... Understanding on Intellectual Property Rights: Request for Public Comment AGENCY: Office of the United States... States and Paraguay successfully entered into a Memorandum of Understanding on Intellectual Property... implementation of the MOU on Intellectual Property Rights, and additional actions that Paraguay should take, if...

  14. The ethics of intellectual property rights in an era of globalization.

    PubMed

    Shah, Aakash Kaushik; Warsh, Jonathan; Kesselheim, Aaron S

    2013-01-01

    Since the 1980s, developed countries, led by the United States and the countries of the European Union, have sought to incorporate intellectual property rights provisions into global trade agreements. These countries successfully negotiated the World Trade Organization's 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which required developing countries to adopt intellectual property provisions comparable to developed countries. In this manuscript, we review the policy controversy surrounding TRIPS and examine the two main ethical arguments articulated in its support--a theory of natural rights and a utilitarian argument. We contend that these theories provide insufficient bases for an intellectual property rights regime that compromises access to essential medicines in the developing world. While the policy community has engaged in active debate around the policy effects of TRIPS, scholars have not thoroughly considered the full ethical underpinnings of those policy arguments. We believe that a more robust understanding of the ethical implications of the agreement should inform policy discussions in the future. © 2013 American Society of Law, Medicine & Ethics, Inc.

  15. Computer Software & Intellectual Property. Background Paper.

    ERIC Educational Resources Information Center

    Congress of the U.S., Washington, DC. Office of Technology Assessment.

    This background paper reviews copyright, patent, and trade secret protections as these issues are related to computer software. Topics discussed include current issues regarding legal protection for computer software including the necessity for defining intellectual property, determining what should or should not be protected, commerical piracy,…

  16. Intellectual property implications for forestry research managers: Striving for win-win

    Treesearch

    Russell Haines

    1999-01-01

    Competent management of intellectual property is now a key issue for research managers increasingly driven on the one hand by more commercial approaches to research management) and on the other by the need to enter into partnerships where both inputs and outputs are shared. Products of forestry research activities that are relevant to intellectual property discussions...

  17. Indigenous Knowledge and Intellectual Property Rights: Confronting Modern Norms to Promote Sustainability

    ERIC Educational Resources Information Center

    Godbole-Chaudhuri, Pragati; Srikantaiah, Deepa; van Fleet, Justin

    2008-01-01

    The global proliferation of intellectual property rights (IPRs), most recently through the World Trade Organization's Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, poses a grave threat for Indigenous knowledge systems. There is an increasing amount of "piracy" of Indigenous knowledge, whereby corporations and scientists…

  18. 2 CFR 200.448 - Intellectual property.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... Intellectual property. (a) Patent costs. (1) The following costs related to securing patents and copyrights are..., and of searching the art to the extent necessary to make such disclosures; (ii) Costs of preparing documents and any other patent costs in connection with the filing and prosecution of a United States patent...

  19. 26 CFR 5c.168(f)(8)-6 - Qualified leased property.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... equipment (which is new section 38 property) for use in its business. Within 3 months, X sells a 70 percent... provided in subparagraph (2), new section 38 property of the lessor which is leased no later than 3 months... lessee, would have been new section 38 property of the lessee, or (ii) Property which is a qualified mass...

  20. Who Owns Online Course Intellectual Property?

    ERIC Educational Resources Information Center

    Kranch, Douglas A.

    2008-01-01

    Faculty develop intellectual property needed for online courses while employed by an academic institution. That institution has a claim on the copyright because the instructional materials developed by the faculty members could be seen as "works for hire." On the other hand, both tradition and case law have seen faculty as the copyright…

  1. Education of Intellectual Properties for the Training of Creative Engineers

    NASA Astrophysics Data System (ADS)

    Ito, Yoshifumi; Kajiwara, Katuhiko; Oodan, Kyouji

    Kurume National College of Technology has obtained results concerning intellectual property education combined with inventive education. In the education program, students learn about industrial property and practical expertise such as searching the open patents, making up patent-maps, and making patent application papers to the Patent Office under the guidance of a teacher, a patent adviser and attorney. As a result, some of the creative students have already applied for patents. In the future, we are going to prepare a managing system for the intellectual property at our college for the intensification of cooperative application with the local company.

  2. 26 CFR 1.593-6A - Post-1969 addition to reserve for losses on qualifying real property loans.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... qualifying real property loans. 1.593-6A Section 1.593-6A Internal Revenue INTERNAL REVENUE SERVICE..., Etc. § 1.593-6A Post-1969 addition to reserve for losses on qualifying real property loans. (a) In... § 1.593-5, the amount of the addition to the reserve for losses on qualifying real property loans for...

  3. 32 CFR 37.550 - May I accept intellectual property as cost sharing?

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... the same cost of lost opportunity to a recipient as contributions of cash or tangible assets. The... 32 National Defense 1 2010-07-01 2010-07-01 false May I accept intellectual property as cost... Cost Sharing § 37.550 May I accept intellectual property as cost sharing? (a) In most instances, you...

  4. Study on government's optimal incentive intensity of intellectual property rights

    NASA Astrophysics Data System (ADS)

    Yang, Chengbin; Sun, Shengxiang; Wei, Hua

    2018-05-01

    The integration of military and civilian technology in the development stage of weapon equipment is an inherent requirement for the development of the deep integration of the military and the civilian. In order to avoid repeated development of existing technology and improve the efficiency of weaponry development, the government should take effective measures to encourage development institutions to actively adopt existing intellectual property technology in the process of equipment development. According to the theory of utility function and the characteristics of practical problems, the utility function of government and weapon equipment development units is constructed, and the optimization model of incentive strength for national defense intellectual property is established. According to the numerical simulation, the conclusion is, to improve the development efficiency, and at the same time, to encourage innovation, thre government need to make a trade-off in incentive policy making, to achieve a high level in intellectual property rights' innovation and application.

  5. "The Fruits of Intellectual Labor": International Student Views of Intellectual Property

    ERIC Educational Resources Information Center

    Datig, Ilka; Russell, Beth

    2015-01-01

    In this paper, we report on the results of a study conducted at New York University Abu Dhabi in the fall of 2013. Our goal in the study was to gain a global college student perspective on issues related to intellectual property, including copyright and plagiarism. We found that, contrary to popular opinion, most of our students have a solid…

  6. Managing genetic material to protect intellectual property rights.

    PubMed

    Jong, S C; Cypess, R H

    1998-02-01

    One of the most important policy instruments for the promotion of further biotechnology development is intellectual property right (IPR) protection. However, one cannot improve upon a biotechnological invention without physical access to the germplasm, making exchanges of genetic material necessary. A formal transfer agreement, which addresses the key issues of ownership, access, use, and equitable benefit-sharing, is a powerful legal instrument for intellectual property. Other restrictions are generally imposed as a result of national and international safety regulations. Forming strategic alliances, such as joint ventures, collaborative research agreements, joint research and development agreements, and manufacturing and distribution alliances to exploit the economic value of genetic material, provides scientists with the mechanisms they need to bring their research material and products to the marketplace.

  7. Indigenous Research, Publishing, and Intellectual Property

    ERIC Educational Resources Information Center

    Madsen, Kenneth D.

    2008-01-01

    In this article, the author makes a case for a greater understanding of Native research and how the academy can learn from it to become more sensitive to the concerns of the research constituencies. How academics handle the intellectual property that results from their research is also critical. What they make public and what they decide is better…

  8. 31 CFR 515.528 - Certain transactions with respect to blocked foreign intellectual property.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 31 Money and Finance:Treasury 3 2011-07-01 2011-07-01 false Certain transactions with respect to blocked foreign intellectual property. 515.528 Section 515.528 Money and Finance: Treasury Regulations... Certain transactions with respect to blocked foreign intellectual property. (a) The following transactions...

  9. 31 CFR 515.528 - Certain transactions with respect to blocked foreign intellectual property.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Certain transactions with respect to blocked foreign intellectual property. 515.528 Section 515.528 Money and Finance: Treasury Regulations... Certain transactions with respect to blocked foreign intellectual property. (a) The following transactions...

  10. NASA Intellectual Property Negotiation Practices and their Relationship to Quantitative Measures of Technology Transfer

    NASA Technical Reports Server (NTRS)

    Bush, Lance B.

    1997-01-01

    In the current political climate NASA must be able to show reliable measures demonstrating successful technology transfer. The currently available quantitative data of intellectual property technology transfer efforts portray a less than successful performance. In this paper, the use of only quantitative values for measurement of technology transfer is shown to undervalue the effort. In addition, NASA's current policy in negotiating intellectual property rights results in undervalued royalty rates. NASA has maintained that it's position of providing public good precludes it from negotiating fair market value for its technology and instead has negotiated for reasonable cost in order to recover processing fees. This measurement issue is examined and recommendations made which include a new policy regarding the intellectual property rights negotiation, and two measures to supplement the intellectual property measures.

  11. 31 CFR 515.527 - Certain transactions with respect to United States intellectual property.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 31 Money and Finance:Treasury 3 2011-07-01 2011-07-01 false Certain transactions with respect to United States intellectual property. 515.527 Section 515.527 Money and Finance: Treasury Regulations... Certain transactions with respect to United States intellectual property. (a)(1) Transactions related to...

  12. 15 CFR 290.9 - Intellectual property rights.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 15 Commerce and Foreign Trade 1 2013-01-01 2013-01-01 false Intellectual property rights. 290.9 Section 290.9 Commerce and Foreign Trade Regulations Relating to Commerce and Foreign Trade NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, DEPARTMENT OF COMMERCE NIST EXTRAMURAL PROGRAMS REGIONAL CENTERS FOR...

  13. 15 CFR 290.9 - Intellectual property rights.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 15 Commerce and Foreign Trade 1 2010-01-01 2010-01-01 false Intellectual property rights. 290.9 Section 290.9 Commerce and Foreign Trade Regulations Relating to Commerce and Foreign Trade NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, DEPARTMENT OF COMMERCE NIST EXTRAMURAL PROGRAMS REGIONAL CENTERS FOR...

  14. 15 CFR 290.9 - Intellectual property rights.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 15 Commerce and Foreign Trade 1 2011-01-01 2011-01-01 false Intellectual property rights. 290.9 Section 290.9 Commerce and Foreign Trade Regulations Relating to Commerce and Foreign Trade NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, DEPARTMENT OF COMMERCE NIST EXTRAMURAL PROGRAMS REGIONAL CENTERS FOR...

  15. 15 CFR 290.9 - Intellectual property rights.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 15 Commerce and Foreign Trade 1 2014-01-01 2014-01-01 false Intellectual property rights. 290.9 Section 290.9 Commerce and Foreign Trade Regulations Relating to Commerce and Foreign Trade NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, DEPARTMENT OF COMMERCE NIST EXTRAMURAL PROGRAMS REGIONAL CENTERS FOR...

  16. 15 CFR 290.9 - Intellectual property rights.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 15 Commerce and Foreign Trade 1 2012-01-01 2012-01-01 false Intellectual property rights. 290.9 Section 290.9 Commerce and Foreign Trade Regulations Relating to Commerce and Foreign Trade NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, DEPARTMENT OF COMMERCE NIST EXTRAMURAL PROGRAMS REGIONAL CENTERS FOR...

  17. Intellectual Property Issues for Higher Education Unions: A Primer. Item Number 36-0699

    ERIC Educational Resources Information Center

    Strom, David

    2002-01-01

    This document is a synopsis of intellectual property issues for higher education unions. American academics, including faculty, professional staff, researchers and graduate student research assistants, have always been leaders in the creation of intellectual property. In many instances, that work product is protected by U.S. copyright and patent…

  18. "Intellectual Property" and Knowledge Creation in Disorganisations

    ERIC Educational Resources Information Center

    Vaden, Tere

    2006-01-01

    Given the current forms of economic production and corporate markets, the liberating and democratic potential of digital information is counteracted by the concentration of media ownership, as well as by policy, legislation, and the development of proprietary forms of technology. The notion of "intellectual property" produces artificial scarcity…

  19. Intellectual Property Rights and International Trade

    DTIC Science & Technology

    2008-07-23

    Brazil, Mexico, Malaysia , Egypt, Saudi Arabia, and Colombia.7 CRS-6 Table 1. Global Intellectual Property Filings Through the PCT, 2006-2007 Country...processing, motion pictures, publishing, and recording industries. Other industries that indirectly benefit from IPR protection include retailers ...in 2007, counterfeit footwear represented $77.8 million (40% of the total). Other popular items included wearing apparel ($27.0 million in value, 14

  20. 76 FR 43383 - Proposed Collection; Comment Request for Notice 2005-41

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-07-20

    ... Guidance Regarding Qualified Intellectual Property Contributions. DATES: Written comments should [email protected] . SUPPLEMENTARY INFORMATION: Title: Guidance Regarding Qualified Intellectual Property... governing charitable contributions of intellectual property made after June 3, 2004. The notice explains the...

  1. 77 FR 38088 - Development of the Joint Strategic Plan on Intellectual Property Enforcement; Request of the U.S...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-06-26

    ... OFFICE OF MANAGEMENT AND BUDGET Development of the Joint Strategic Plan on Intellectual Property Enforcement; Request of the U.S. Intellectual Property Enforcement Coordinator for Public Comments AGENCY: Office of the U.S. Intellectual Property Enforcement Coordinator, Executive Office of the President...

  2. Intellectual property rights: An overview and implications in pharmaceutical industry.

    PubMed

    Saha, Chandra Nath; Bhattacharya, Sanjib

    2011-04-01

    Intellectual property rights (IPR) have been defined as ideas, inventions, and creative expressions based on which there is a public willingness to bestow the status of property. IPR provide certain exclusive rights to the inventors or creators of that property, in order to enable them to reap commercial benefits from their creative efforts or reputation. There are several types of intellectual property protection like patent, copyright, trademark, etc. Patent is a recognition for an invention, which satisfies the criteria of global novelty, non-obviousness, and industrial application. IPR is prerequisite for better identification, planning, commercialization, rendering, and thereby protection of invention or creativity. Each industry should evolve its own IPR policies, management style, strategies, and so on depending on its area of specialty. Pharmaceutical industry currently has an evolving IPR strategy requiring a better focus and approach in the coming era.

  3. Intellectual property rights: An overview and implications in pharmaceutical industry

    PubMed Central

    Saha, Chandra Nath; Bhattacharya, Sanjib

    2011-01-01

    Intellectual property rights (IPR) have been defined as ideas, inventions, and creative expressions based on which there is a public willingness to bestow the status of property. IPR provide certain exclusive rights to the inventors or creators of that property, in order to enable them to reap commercial benefits from their creative efforts or reputation. There are several types of intellectual property protection like patent, copyright, trademark, etc. Patent is a recognition for an invention, which satisfies the criteria of global novelty, non-obviousness, and industrial application. IPR is prerequisite for better identification, planning, commercialization, rendering, and thereby protection of invention or creativity. Each industry should evolve its own IPR policies, management style, strategies, and so on depending on its area of specialty. Pharmaceutical industry currently has an evolving IPR strategy requiring a better focus and approach in the coming era. PMID:22171299

  4. Benchmarking progress in tackling the challenges of intellectual property, and access to medicines in developing countries.

    PubMed Central

    Musungu, Sisule F.

    2006-01-01

    The impact of intellectual property protection in the pharmaceutical sector on developing countries has been a central issue in the fierce debate during the past 10 years in a number of international fora, particularly the World Trade Organization (WTO) and WHO. The debate centres on whether the intellectual property system is: (1) providing sufficient incentives for research and development into medicines for diseases that disproportionately affect developing countries; and (2) restricting access to existing medicines for these countries. The Doha Declaration was adopted at WTO in 2001 and the Commission on Intellectual Property, Innovation and Public Health was established at WHO in 2004, but their respective contributions to tackling intellectual property-related challenges are disputed. Objective parameters are needed to measure whether a particular series of actions, events, decisions or processes contribute to progress in this area. This article proposes six possible benchmarks for intellectual property-related challenges with regard to the development of medicines and ensuring access to medicines in developing countries. PMID:16710545

  5. Sharing Research Data and Intellectual Property Law: A Primer.

    PubMed

    Carroll, Michael W

    2015-08-01

    Sharing research data by depositing it in connection with a published article or otherwise making data publicly available sometimes raises intellectual property questions in the minds of depositing researchers, their employers, their funders, and other researchers who seek to reuse research data. In this context or in the drafting of data management plans, common questions are (1) what are the legal rights in data; (2) who has these rights; and (3) how does one with these rights use them to share data in a way that permits or encourages productive downstream uses? Leaving to the side privacy and national security laws that regulate sharing certain types of data, this Perspective explains how to work through the general intellectual property and contractual issues for all research data.

  6. Intuitive intellectual property law: A nationally-representative test of the plagiarism fallacy.

    PubMed

    Fast, Anne A; Olson, Kristina R; Mandel, Gregory N

    2017-01-01

    Studies with convenience samples have suggested that the lay public's conception of intellectual property laws, including how the laws should regulate and why they should exist, are largely incommensurate with the actual intended purpose of intellectual property laws and their history in the United States. In this paper, we test whether these findings generalize to a more diverse and representative sample. The major findings from past work were replicated in the current study. When presented with several potential reasons for IP protection, the lay public endorsed plagiarism and felt that acknowledging the original source of a creative work should make copying that work permissible-viewpoints strongly divergent from lawmakers' intent and the law itself. In addition, we replicate the finding that lay people know remarkably little about intellectual property laws more generally and report little experience as users or creators of creative works.

  7. Intuitive intellectual property law: A nationally-representative test of the plagiarism fallacy

    PubMed Central

    Olson, Kristina R.; Mandel, Gregory N.

    2017-01-01

    Studies with convenience samples have suggested that the lay public’s conception of intellectual property laws, including how the laws should regulate and why they should exist, are largely incommensurate with the actual intended purpose of intellectual property laws and their history in the United States. In this paper, we test whether these findings generalize to a more diverse and representative sample. The major findings from past work were replicated in the current study. When presented with several potential reasons for IP protection, the lay public endorsed plagiarism and felt that acknowledging the original source of a creative work should make copying that work permissible—viewpoints strongly divergent from lawmakers’ intent and the law itself. In addition, we replicate the finding that lay people know remarkably little about intellectual property laws more generally and report little experience as users or creators of creative works. PMID:28863170

  8. Sharing Research Data and Intellectual Property Law: A Primer

    PubMed Central

    Carroll, Michael W.

    2015-01-01

    Sharing research data by depositing it in connection with a published article or otherwise making data publicly available sometimes raises intellectual property questions in the minds of depositing researchers, their employers, their funders, and other researchers who seek to reuse research data. In this context or in the drafting of data management plans, common questions are (1) what are the legal rights in data; (2) who has these rights; and (3) how does one with these rights use them to share data in a way that permits or encourages productive downstream uses? Leaving to the side privacy and national security laws that regulate sharing certain types of data, this Perspective explains how to work through the general intellectual property and contractual issues for all research data. PMID:26313685

  9. 75 FR 60408 - Government Programs To Assist Businesses Protect Their Intellectual Property Rights (IPR) in...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-09-30

    ... Small- and Medium-Sized Enterprises (SMEs), in foreign markets. As evidenced by the launch of the.... Identify specific challenges businesses, including SMEs, face in protecting their intellectual property... to SMEs? Should U.S. government programs focus on specific areas of intellectual property protection...

  10. International intellectual property strategies for therapeutic antibodies

    PubMed Central

    2011-01-01

    Therapeutic antibodies need international patent protection as their markets expand to include industrialized and emerging countries. Because international intellectual property strategies are frequently complex and costly, applicants require sound information as a basis for decisions regarding the countries in which to pursue patents. While the most important factor is the size of a given market, other factors should also be considered. PMID:22123063

  11. Protecting Student Intellectual Property in the Entrepreneurial Classroom

    ERIC Educational Resources Information Center

    Wright, Sarah L.; Katz, Jerome A.

    2016-01-01

    While universities are intensely protective of revenue streams related to intellectual property interests for the institution and professors, the financial and legal interests of students in the entrepreneurial process have largely been overlooked. This lack of attention, both in universities and in the literature, is intriguing given the…

  12. 26 CFR 1.1400L(b)-1 - Additional first year depreciation deduction for qualified New York Liberty Zone property.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... qualified New York Liberty Zone property. 1.1400L(b)-1 Section 1.1400L(b)-1 Internal Revenue INTERNAL... qualified New York Liberty Zone property. (a) Scope. This section provides the rules for determining the 30... of Manhattan in the City of New York, New York. (3) Nonresidential real property and residential...

  13. Intellectual Property Rights for Indigenous Peoples: A Sourcebook.

    ERIC Educational Resources Information Center

    Greaves, Tom, Ed.

    This sourcebook presents a collection of papers focusing on the intellectual property rights (IPR) of indigenous peoples--their rights to protect and control their cultural knowledge. Subsidiary IPR goals are to manage the degree and process by which cultural knowledge is shared with outsiders and, in some instances, to be justly compensated for…

  14. Intellectual Property Rights: Governing Cultural and Educational Futures

    ERIC Educational Resources Information Center

    Kapitzke, Cushla

    2006-01-01

    This article uses Nikolas Rose's theory of governmentality to examine ways in which intellectual property is imbricated in a broad spectrum of globalised and globalising discourses. Using the 2004 Australia-United States Free Trade Agreement as a case in point, it shows how discourses of culture, trade, foreign policy, and security intersect and…

  15. Developments in Intellectual Property and Traditional Knowledge Protection

    ERIC Educational Resources Information Center

    Anderson, Jane

    2009-01-01

    In order to protect indigenous/traditional knowledge, intellectual property law must be leveraged in a way that is responsive to the dynamic inter-relationships between law, society and culture. Over the last decade, increased attention to Indigenous concerns has produced a wealth of literature and prompted recognition of the diverse needs of…

  16. [Research on basic questions of intellectual property rights of acupuncture and moxibustion].

    PubMed

    Dong, Guo-Feng; Wu, Xiao-Dong; Han, Yan-Jing; Meng, Hong; Wang, Xin

    2011-12-01

    Along with the modernization and internationalization of acupuncture-moxibustion (acu-moxibustion), the issue of intellectual property rights has been becoming prominent and remarkable increasingly. In the present paper, the authors explain the basic issues of acu-moxibustion learning from the concept, scope, subject, object, contents and acquisition way of intellectual property rights. To make clear these questions will help us inherit and carry forward the existing civilization achievements of acu-moxibustion, and unceasingly bring forth new ideas and further improvement in clinical application, so as to serve the people's health in a better way.

  17. Intellectual Property Series. National Council of University Research Administrators.

    ERIC Educational Resources Information Center

    National Council of Univ. Research Administrators, Washington, DC.

    Materials on intellectual property are presented to help university research administrators negotiate and administer sponsored research agreements. The nine units cover: patents and patent rights, patent rights under government contracts, university patent policies and practices, patent clauses in industrial research agreements, patent licensing…

  18. Intellectual property rights related to the genetically modified glyphosate tolerant soybeans in Brazil.

    PubMed

    Rodrigues, Roberta L; Lage, Celso L S; Vasconcellos, Alexandre G

    2011-06-01

    The present work analyzes the different modalities of protection of the intellectual creations in the biotechnology agricultural field. Regarding the Brazilian legislations related to the theme (the Industrial Property Law - no. 9. 279/96 and the Plant Variety Protection Law - no. 9. 456/97), and based in the international treaties signed by Brazil, the present work points to the inclusions of each of them, as well as to their interfaces using as reference the case study of glyphosate tolerant genetically modified soybean. For this case study, Monsanto's pipelines patents were searched and used to analyze the limits of patent protection in respect to others related to the Intellectual Property (IP) laws. Thus, it was possible to elucidate the complex scenario of the Intellectual Property of the glyphosate tolerant soybeans, since for the farmer it is hard to correlate the royalties payment with the IP enterprise's rights.

  19. The intellectual property cookbook: a guide for the novice health-care telemedicine provider working with industry.

    PubMed

    Beauregard, D; Beauregard, G

    2000-01-01

    Telemedicine is a new field and many health-care providers are developing their own products with the help of industry. Most practitioners are novices in the legal tools necessary to protect their own work with regard to any future commercialization. To summarize these issues for the telemedicine practitioner, a review of intellectual property protection has been performed. Intellectual property can be protected by tools such as copyrights, patents, non-disclosure and confidentiality agreements, integrated circuit topographies and industrial design. Knowledge of the intellectual property background should allow telemedicine providers to protect their own work when working with industry.

  20. 75 FR 54086 - Global Intellectual Property Academy Program Survey

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-09-03

    ... Survey ACTION: Proposed collection; comment request. SUMMARY: The United States Patent and Trademark... Global Intellectual Property Academy Program Survey comment'' in the subject line of the message. Fax... INFORMATION I. Abstract The U.S. Patent and Trademark Office plans to survey participants of the Global...

  1. Tort Liability That May Attach to Intellectual Property Licensing.

    ERIC Educational Resources Information Center

    Norris, William R.

    1979-01-01

    Examined are elements that complicate the relationship between tort law and intellectual property licensing (patents): governmental regulation of products, legal standards, the evolution of tort doctrine, international law and practice, trademark, technology and patent licensing. Available from P.O. Box 2600, Arlington, VA 22202. (MSE)

  2. Intellectual property issues in holography and high tech

    NASA Astrophysics Data System (ADS)

    Reingand, Nadya

    2004-06-01

    The author with technical education background (Ph.D. in holography) shares her 3+ years of experience working on intellectual property (IP) issues that includes patents, trademarks, and copyrights. A special attention is paid to the patent issues: the application procedure, the patent requirements, the databases for prior art search, how to make the cost efficient filing.

  3. Information Wants To Be Shared: An Alternative Framework for Approaching Intellectual Property Disputes in an Information Age.

    ERIC Educational Resources Information Center

    Tavani, Herman T.

    2002-01-01

    Discusses the debate over intellectual property rights for digital media. Topics include why intellectual property should be protected; the evolution of copyright law; fair use doctrine; case studies; the philosophical theories of property, including labor theory, utilitarian theory, and personality theory; natural law theory; the social role of…

  4. Valuing Local Knowledge: Indigenous People and Intellectual Property Rights.

    ERIC Educational Resources Information Center

    Brush, Stephen B., Ed.; Stabinsky, Doreen, Ed.

    Intellectual property enables individuals to gain financially from sharing unique and useful knowledge. Compensating indigenous people for sharing their knowledge and resources might both validate and be an equitable reward for indigenous knowledge of biological resources, and might promote the conservation of those resources. This book contains…

  5. College Writing, Identification, and the Production of Intellectual Property: Voices from the Stanford Study of Writing

    ERIC Educational Resources Information Center

    Lunsford, Andrea A.; Fishman, Jenn; Liew, Warren M.

    2013-01-01

    When, why, and how do college students come to value their writing as intellectual property? How do their conceptions of intellectual property reflect broader understandings and personal engagements with concepts of authorship, collaboration, identification, and capital? We address these questions based on findings from the Stanford Study of…

  6. Protecting intellectual property associated with Canadian academic clinical trials - approaches and impact

    PubMed Central

    2012-01-01

    Intellectual property is associated with the creative work needed to design clinical trials. Two approaches have developed to protect the intellectual property associated with multicentre trial protocols prior to site initiation. The ‘open access’ approach involves publishing the protocol, permitting easy access to the complete protocol. The main advantages of the open access approach are that the protocol is freely available to all stakeholders, permitting them to discuss the protocol widely with colleagues, assess the quality and rigour of the protocol, determine the feasibility of conducting the trial at their centre, and after trial completion, to evaluate the reported findings based on a full understanding of the protocol. The main potential disadvantage of this approach is the potential for plagiarism; however if that occurred, it should be easy to identify because of the open access to the original trial protocol, as well as ensure that appropriate sanctions are used to deal with plagiarism. The ‘restricted access’ approach involves the use of non-disclosure agreements, legal documents that must be signed between the trial lead centre and collaborative sites. Potential sites must guarantee they will not disclose any details of the study before they are permitted to access the protocol. The main advantages of the restricted access approach are for the lead institution and nominated principal investigator, who protect their intellectual property associated with the trial. The main disadvantages are that ownership of the protocol and intellectual property is assigned to the lead institution; defining who ‘needs to know’ about the study protocol is difficult; and the use of non-disclosure agreements involves review by lawyers and institutional representatives at each site before access is permitted to the protocol, significantly delaying study implementation and adding substantial indirect costs to research institutes. This extra step may discourage

  7. Protecting intellectual property associated with Canadian academic clinical trials--approaches and impact.

    PubMed

    Ross, Sue; Magee, Laura; Walker, Mark; Wood, Stephen

    2012-12-27

    Intellectual property is associated with the creative work needed to design clinical trials. Two approaches have developed to protect the intellectual property associated with multicentre trial protocols prior to site initiation. The 'open access' approach involves publishing the protocol, permitting easy access to the complete protocol. The main advantages of the open access approach are that the protocol is freely available to all stakeholders, permitting them to discuss the protocol widely with colleagues, assess the quality and rigour of the protocol, determine the feasibility of conducting the trial at their centre, and after trial completion, to evaluate the reported findings based on a full understanding of the protocol. The main potential disadvantage of this approach is the potential for plagiarism; however if that occurred, it should be easy to identify because of the open access to the original trial protocol, as well as ensure that appropriate sanctions are used to deal with plagiarism. The 'restricted access' approach involves the use of non-disclosure agreements, legal documents that must be signed between the trial lead centre and collaborative sites. Potential sites must guarantee they will not disclose any details of the study before they are permitted to access the protocol. The main advantages of the restricted access approach are for the lead institution and nominated principal investigator, who protect their intellectual property associated with the trial. The main disadvantages are that ownership of the protocol and intellectual property is assigned to the lead institution; defining who 'needs to know' about the study protocol is difficult; and the use of non-disclosure agreements involves review by lawyers and institutional representatives at each site before access is permitted to the protocol, significantly delaying study implementation and adding substantial indirect costs to research institutes. This extra step may discourage sites from

  8. Innovation and Intellectual Property: The Case of Genomic Patenting

    ERIC Educational Resources Information Center

    Jackson, Brian A.

    2003-01-01

    In an effort to balance static and dynamic efficiency in the production and use of knowledge, societies institute intellectual property policies. In the United States, the patent system is a well-established mechanism to provide inventors with time-limited protection of new technologies in exchange for disclosure of information about their…

  9. The Management Of Intellectual Property In A Romanian State University Where Research Represents A Strength

    NASA Astrophysics Data System (ADS)

    Tîţu, Aurel Mihail; Oprean, Constantin; Răulea, Andreea Simina

    2015-07-01

    The transition to the knowledge-based economy and society requires adaptation to constant change that implies intellectual property as a multidimensional concept that continually leaves its mark on generations contributing to their well-being in obvious and undeniable ways. The main objective of this article was to assess the present level of the management of intellectual property in a state university in Romania displaying their strengths and weaknesses. The overall objective of the work is to analyze the state of the art in a Romanian state university in order to find solutions to the current problems that the Romanian scientific environment is facing. The conclusions drawn in the study converge in directions and proposals for improving the way in which the intellectual property is regarded and its management in the state universities of Romania.

  10. Analysis of Intellectual Property Protection Issues in Offshore Outsourcing

    ERIC Educational Resources Information Center

    Singh, Satinder Pal

    2013-01-01

    Offshore outsourcing is a business strategy that involves contracting with a partner who can take over certain aspects of a company's business, such as information technology (IT) functions, in the interests of efficiency and cost savings. The purpose of this study was to analyze the intellectual property protection issues to achieve a better…

  11. Canada and access to medicines in developing countries: intellectual property rights first.

    PubMed

    Lexchin, Joel

    2013-09-03

    Canadian reports have recommended that health as a human right must be Canada's overarching global commitment and that the primacy of human rights should be prioritized over other elements of international law including international trade and investment law as it applies to access to pharmaceuticals. This paper uses a series of case reports to examine Canada's commitment to this goal. Specifically it examines cases where improved access has been in conflict with increased intellectual property rights. The 6 cases are: Canada's position when 39 pharmaceutical companies took South Africa to court in 1998 over its legislation to allow parallel importation of patented medicines and to regulate the price of medications; the stance that Canada took in the negotiations around the Doha Declaration in 2001; the passage of Canada's Access to Medicines Regime in 2004 and subsequent attempts to amend the legislation in 2011 and 2012; Canada's involvement in the final declaration at the United Nations High-Level meeting on non-communicable diseases in 2012; Canada's views about the terms in the Anti-Counterfeiting Trade Agreement as expressed in 2009; and Canada's 2013 position on the extension of the exemption for least developed countries from having to comply with the terms of the Trade Related Aspects of Intellectual Property Rights Agreement. In the first case Canada was neutral but in the remaining 5 cases Canada prioritized intellectual property rights over access. This position is consistent with how Canada has acted around domestic issues involving intellectual property rights for pharmaceutical products. Canada has supported strengthened rights despite the fact that their touted benefits have not been realized either domestically or in developing countries. As a result Canada has failed in its humanitarian duty to protect the human right to health in the form of safe and low cost medicines for the people in developing countries.

  12. Intellectual Property Rights in the Australian University Context: An Overview.

    ERIC Educational Resources Information Center

    Ricketson, Sam

    1993-01-01

    The existing legal position of Australian universities with respect to ownership and exploitation of intellectual property by faculty, students, and outside consultants is described. Issues requiring attention are noted, including resources for exploitation, sharing of proceeds, and copyright considerations; and some possible solutions are…

  13. Intellectual property rights and research disclosure in the university environment: preserving the commercialization option and optimizing market interest.

    PubMed

    Patino, Robert

    2009-03-01

    Clinical and basic scientists at academic medical and biomedical research institutions often form ideas that could have both monetary and human health benefits if developed and applied to improvement of human wellbeing. However, such ideas lose much of their potential value in both regards if they are disclosed in traditional knowledge-sharing forums such as abstracts, posters, and oral presentations at research meetings. Learning the basics about intellectual property protection and obtaining professional guidance in the management of intellectual property from a knowledgeable technology management professional or intellectual property attorney can avoid such losses yet pose a minimal burden of confidentiality on the investigator. Knowing how to successfully navigate the early stages of intellectual property protection can greatly increase the likelihood that discoveries and knowledge will become available for the public good without diminishing the important mandate of disseminating knowledge through traditional knowledge-sharing forums.

  14. Transfer of Teaching Materials between Universities: Where Is the Boundary between Legitimate Transaction and Violation of Moral Intellectual Property Rights?

    ERIC Educational Resources Information Center

    Maiwald, Matthias; Harrington, Kathy

    2012-01-01

    Intellectual property rights have various facets. The best-known one is copyright, enabling the owner to legally utilise intellectual materials. However, there is a separate set of legal entitlements, termed moral intellectual property rights. The purpose of these is to prevent false attribution, damage to an author's reputation and some forms of…

  15. 6 CFR 25.10 - Confidentiality and protection of Intellectual Property.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 6 Domestic Security 1 2010-01-01 2010-01-01 false Confidentiality and protection of Intellectual Property. 25.10 Section 25.10 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY REGULATIONS TO SUPPORT ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES § 25.10 Confidentiality and...

  16. Integrating Intellectual Property Concepts into MIS Education: An Empirical Assessment

    ERIC Educational Resources Information Center

    Mykytyn, Peter P., Jr.; Mykytyn, Kathleen; Harrison, David A.

    2005-01-01

    The evolving legal environment surrounding intellectual property (IP) and its impact on information systems, especially involving electronic commerce, and the type of education and training provided by management information systems (MIS) faculty to MIS students is a relationship that has not been investigated. Although organizations are…

  17. Trade Relatedness of Intellectual Property Rights: Finding the Real Connections.

    ERIC Educational Resources Information Center

    Dhar, Biswajit; Rao, C. Niranjan

    1996-01-01

    Argues that the proposals regarding patenting which are included in the international Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) will strengthen existing trade monopolies and adversely influence technology diffusion between the northern and southern hemisphere. Notes that such an outcome could diminish market…

  18. Academic Intellectual Property in a New Technological and Industrial Context.

    ERIC Educational Resources Information Center

    Spearritt, Peter; Thomas, Julian

    1996-01-01

    Practical and policy questions concerning intellectual property are considered in the context of advancing information technology and expanding international exchange of ideas, and specifically as they are or need to be addressed by Australian copyright and patent law. A 1995 discussion paper by the Australian Vice-Chancellors' Committee is…

  19. Managing intellectual property to develop medicines for the world's poorest.

    PubMed

    Fonteilles-Drabek, Sylvie; Reddy, David; Wells, Timothy N C

    2017-04-01

    It has been argued that patents impede the development and access of medicines for tropical diseases such as malaria. However, we believe that intellectual property can be a key tool to enable timely progression of drug development projects involving multiple partners and to ensure equitable access to successful products.

  20. Intellectual property analysis of holographic materials business

    NASA Astrophysics Data System (ADS)

    Reingand, Nadya; Hunt, David

    2006-02-01

    The paper presents an overview of intellectual property in the field of holographic photosensitive materials and highlights the possibilities offered by patent searching and analysis. Thousands of patent documents relevant to holographic materials have been uncovered by the study. The search was performed in the following databases: U.S. Patent Office, European Patent Office, and Japanese Patent Office for the time frame of 1971 through November 2005. The patent analysis has unveiled trends in patent temporal distribution, leading IP portfolios, companies competition within the holographic materials market and other interesting insights.

  1. An overview of pharmaceutical cocrystals as intellectual property.

    PubMed

    Trask, Andrew V

    2007-01-01

    This review article focuses on the interaction among certain scientific, legal, and regulatory aspects of pharmaceutical crystal forms. The article offers an analysis of pharmaceutical cocrystals as patentable inventions by drawing upon recent scientific developments in the field. Several potential commercial advantages of pharmaceutical cocrystals are highlighted, and a number of recent court decisions involving salient issues are summarized. The article provides an outlook on how the developing field of cocrystallization may impact the pharmaceutical intellectual property landscape.

  2. Data sharing and intellectual property in a genomic epidemiology network: policies for large-scale research collaboration.

    PubMed Central

    Chokshi, Dave A.; Parker, Michael; Kwiatkowski, Dominic P.

    2006-01-01

    Genomic epidemiology is a field of research that seeks to improve the prevention and management of common diseases through an understanding of their molecular origins. It involves studying thousands of individuals, often from different populations, with exacting techniques. The scale and complexity of such research has required the formation of research consortia. Members of these consortia need to agree on policies for managing shared resources and handling genetic data. Here we consider data-sharing and intellectual property policies for an international research consortium working on the genomic epidemiology of malaria. We outline specific guidelines governing how samples and data are transferred among its members; how results are released into the public domain; when to seek protection for intellectual property; and how intellectual property should be managed. We outline some pragmatic solutions founded on the basic principles of promoting innovation and access. PMID:16710548

  3. An Overview of Intellectual Property and Intangible Asset Valuation Models

    ERIC Educational Resources Information Center

    Matsuura, Jeffrey H.

    2004-01-01

    This paper reviews the economic models most commonly applied to estimate the value of intellectual property and other forms of intangible assets. It highlights the key strengths and weaknesses of these models. One of the apparent weaknesses of the most commonly used valuation models is the failure to incorporate legal rights into their…

  4. International Patent Information: The Role of the World Intellectual Property Organization.

    ERIC Educational Resources Information Center

    Sviridov, Felix A.

    1978-01-01

    Discusses two facets of the multi-aspect program of the World Intellectual Property Organization (WIPO) aimed at international cooperation with a view to standardizing documents and elaborating new patent information retrieval methods, while stressing the role of three international patent information organizations. (CWM)

  5. Canada and access to medicines in developing countries: intellectual property rights first

    PubMed Central

    2013-01-01

    Canadian reports have recommended that health as a human right must be Canada’s overarching global commitment and that the primacy of human rights should be prioritized over other elements of international law including international trade and investment law as it applies to access to pharmaceuticals. This paper uses a series of case reports to examine Canada’s commitment to this goal. Specifically it examines cases where improved access has been in conflict with increased intellectual property rights. The 6 cases are: Canada’s position when 39 pharmaceutical companies took South Africa to court in 1998 over its legislation to allow parallel importation of patented medicines and to regulate the price of medications; the stance that Canada took in the negotiations around the Doha Declaration in 2001; the passage of Canada’s Access to Medicines Regime in 2004 and subsequent attempts to amend the legislation in 2011 and 2012; Canada’s involvement in the final declaration at the United Nations High-Level meeting on non-communicable diseases in 2012; Canada’s views about the terms in the Anti-Counterfeiting Trade Agreement as expressed in 2009; and Canada’s 2013 position on the extension of the exemption for least developed countries from having to comply with the terms of the Trade Related Aspects of Intellectual Property Rights Agreement. In the first case Canada was neutral but in the remaining 5 cases Canada prioritized intellectual property rights over access. This position is consistent with how Canada has acted around domestic issues involving intellectual property rights for pharmaceutical products. Canada has supported strengthened rights despite the fact that their touted benefits have not been realized either domestically or in developing countries. As a result Canada has failed in its humanitarian duty to protect the human right to health in the form of safe and low cost medicines for the people in developing countries. PMID:24007595

  6. Intellectual Property Is No Game: An Interview with James G. Gatto, JD.

    PubMed

    2012-12-01

    Copying within the games industry is reportedly widespread. Some people attribute this to the belief that this is just the way it is and has always been based on the notion that the "idea" for a game is not protectable. But as the game market grows, so too do the losses from copying suffered by game innovators. A contributing factor is that many game developers do not develop comprehensive strategies for protecting the valuable intellectual property that they create. In the following interview, Bill Ferguson, PhD, Editor of Games for Health Journal, discusses the hazards and ways to protect health game assets with intellectual property expert Jim Gatto, Leader of the Social Media, Entertainment & Technology Team at the respected law firm of Pillsbury Winthrop Shaw Pittman LLP.

  7. 30 CFR 204.209 - What if a property ceases to qualify for relief obtained under this subpart?

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ..., DEPARTMENT OF THE INTERIOR MINERALS REVENUE MANAGEMENT ALTERNATIVES FOR MARGINAL PROPERTIES Accounting and...) A marginal property must qualify for relief under this subpart for each calendar year based on... of your interest in a marginal property during the calendar year, your relief terminates as of the...

  8. Innovation and Competition: Conflicts over Intellectual Property Rights in New Technologies.

    ERIC Educational Resources Information Center

    Samuelson, Pamela

    1987-01-01

    Addresses conditions and concerns involved in accommodating the interests of both innovators of new technologies and the general public. Discusses the tension that exists in intellectual property law between innovators and competitors. Focuses on cases dealing with computer software and semiconductor chip designs, genetically-engineered life…

  9. 78 FR 3015 - Privacy Act of 1974; U.S. Customs and Border Protection; DHS/CBP-004-Intellectual Property Rights...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-01-15

    ... (PII) about intellectual property rights holders, their agents, or their licensees in IPRR, IPRS, and..., intellectual property rights owners or their agents must pay a fee when they apply for the recordation with CBP of their trademark, trade name, or copyright. Through IPRR's web-based interface, the user will be...

  10. [Intellectual property in natural sciences].

    PubMed

    Twardowski, Tomasz

    2008-01-01

    The way from scientific finding through invention to production line and finally to the consument is long and expensive and patent should be taken into account. This is evident because the investment connected with the new application needs clear definition of intellectual property rights. Independently what we personally think about patenting in nature sciences--this is a common practice around the world. The positive and negative parameters of patenting are focus on biotechnology. The development of biotechnology is a cumulative effect of co-operation of several disciplines: biology, biochemistry, chemistry, engineering, genetics, medicines and pharmacy and many more. Between not cited here is law and consequently the needs of cooperation between researchers and lawyers. There are several barriers in this co-operation, for example: nomenclature as well as the way of thinking. These borders could be pass only with intercommunication and cross-understanding. The dialog and transfer of knowledge is a must for understanding the nomenclature, terminology of nature by lawyers and by researchers in case of law. Polish legislation concerning intellectually rights is regulated by the law "Prawo własności przemysłowej" (30 June, 2000; Dz. U. 2003, Nr 119, pos. 1117, with later amendments). This legislation is related to European Union directives and Munich Convention. Accordingly patenting of product and process is possible in Poland. However, the procedure is time and money consuming, particularly in the case of patent submission in several countries. Amendment of the Polish law to biotechnology made possible patenting of living organism and their parts. It is worth to stress that patented inventions can be used free of charge for research and teaching.

  11. Space Shuttle, private enterprise and intellectual properties in the context of space manufacturing

    NASA Technical Reports Server (NTRS)

    Hosenball, S. N.; Kempf, R. F.

    1983-01-01

    It is a national policy to make the capabilities of the Space Transportat ion System available to a wide range of potential users. This includes its availability as a space manufacturing facility for commercial activities, which may be carried out on a reimbursable basis or as a joint endeavor with NASA, but with substantial private investment. In any high risk, long lead-time research and development activity directed towards commercialization, the protection afforded the results of the research and development under the laws relating to intellectual property rights may provide an important incentive for private investment. The paper reviews NASA's policies and practices for the protection of privately-established intellectual property rights involved in STS use, with particular emphasis on reimbursable launch agreements and joint endeavor agreements.

  12. Intellectual property rights and patents in perspective of Ayurveda

    PubMed Central

    Chaudhary, Anand; Singh, Neetu

    2012-01-01

    Ayurveda is getting its due recognition as a rationale system of medicine worldwide despite the fact that medical and scientific fraternity of the globe has very strong opposite opinion regarding safety and efficacy of Ayurvedic medicines. Meanwhile, provisions of Intellectual Property Rights under World Intellectual Property Organization (WIPO) and Patents have attracted many individuals and organizations to explore possibilities of commercial benefits with Ayurvedic traditional knowledge. Although rules are not favoring to grant a patent on prior published knowledge, biopiracy managed grant of Patent on knowledge of Ayurvedic medicinal plants which has been successfully checked with references of data base of Traditional Knowledge Digital Library (TKDL). Current provisions of the Patent law of India are obstructive in nature for getting patent on Ayurvedic medicines. If we have to invite researchers from basic science to ensure quality, safety and efficacy of Ayurvedic medicines, there is an urgent need to amend laws of patent with pragmatic promotional policies. This will encourage more patents on numerous pharmaceutical, nutraceutical and cosmaceutical products based on Ayurveda. As every action of today's world is based on economic criteria so why stakeholders of Ayurveda should be deprived of it. New inventions would drive acceptance of Ayurveda as a global system of medicine. PMID:23049179

  13. Research on Intellectual Property Right Problems of Peer-to-Peer Networks.

    ERIC Educational Resources Information Center

    Dong, Ying; Li, Mingshu; Chen, Meizhang; Zheng, Shengli

    2002-01-01

    Discusses digital intellectual property rights relating to peer-to-peer networks, using Napster as an example. Suggests anti-piracy solutions to prevent litigation and considers how libraries can develop potential service models using peer-to-peer networks, including the development of personal libraries on the Internet, interlibrary loan,…

  14. 26 CFR 1.46-3 - Qualified investment.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 26 Internal Revenue 1 2010-04-01 2010-04-01 true Qualified investment. 1.46-3 Section 1.46-3... Computing Credit for Investment in Certain Depreciable Property § 1.46-3 Qualified investment. (a) In general. (1) With respect to any taxable year, the qualified investment of the taxpayer is the aggregate...

  15. Intellectual Property Rights for Digital Design and Manufacturing: Issues and Recommendations

    DTIC Science & Technology

    2014-06-30

    for Public Release, Distribution Unlimited. iv This page intentionally left blank. Distribution A: Approved for...Distribution A: Approved for Public Release, Distribution Unlimited. viii This page intentionally left blank...challenges requires an analysis of intellectual property management and recommendations for its use in a cooperative as well as competitive market

  16. Can you shrinkwrap a cow? Protections available for the intellectual property of the animal breeding industry.

    PubMed

    Ogden, E R; Weigel, K

    2007-12-01

    There are currently four main intellectual property protection statutory schemes available: copyright, trade secret, trademark and patent. Each of these protects a different aspect of intellectual property, which leaves gaps of protection when an innovation does not fit squarely within the boundaries of the statutes. Contracts allow the industry to tailor the protection desired. One very common approach is to license the product via contract. Licences allow intellectual property owners to retain ownership and give permission to others to use the product. Although there are several types of licences, the most common is the field of use licence, which limits the licensee's use of the product. This often leads to price discrimination where various levels of restriction are offered at corresponding prices. The more rights retained by the owner, the more restricted the buyer is and the lower the purchase price allowing customers to choose the level of restriction they are willing to accept. Therefore, the different uses and needs of various customers can be accounted for and reflected in the price. The animal breeding industry is currently struggling to protect their innovations falling into these statutory gaps. The protection for animal breeding industry innovations is most likely through contract law rather than traditional intellectual property law. By taking advantage of the unique nature of contracts, industry will be able to tailor protection and pricing to best suit the variety of customers and uses for the products sold.

  17. Promoting global health: utilizing WHO to integrate public health, innovation and intellectual property.

    PubMed

    Mackey, Tim K; Liang, Bryan A

    2012-12-01

    The appropriate role of innovation and intellectual property (IP) in global public health is a controversial issue. Discussion is one-sided, with potential benefits advocated by industry in stark contrast to condemnation by certain civil society players. WHO's Public Health, Innovation and Intellectual Property Department (PHI) was established to address healthcare resource need for developing countries, assess impact of innovation and IP on access to medicines, explore innovative funding mechanisms for R&D and provide evidence-based policy-making recommendations in response to the changing global health landscape. Importantly, PHI could represent a potential forum to bridge shared, yet often diverse, interests and opportunities between various public and private stakeholders, a crucial issue for ensuring the future viability of WHO. Copyright © 2012 Elsevier Ltd. All rights reserved.

  18. 36 CFR 908.11 - List of Qualified Persons.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 36 Parks, Forests, and Public Property 3 2011-07-01 2011-07-01 false List of Qualified Persons. 908.11 Section 908.11 Parks, Forests, and Public Property PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION... Qualified Person's occupancy; (3) The amounts and type of space occupied prior to displacement; (4) A...

  19. 36 CFR 908.11 - List of Qualified Persons.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false List of Qualified Persons. 908.11 Section 908.11 Parks, Forests, and Public Property PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION... Qualified Person's occupancy; (3) The amounts and type of space occupied prior to displacement; (4) A...

  20. Human-tissue-related inventions: ownership and intellectual property rights in international collaborative research in developing countries.

    PubMed

    Andanda, P A

    2008-03-01

    There are complex unresolved ethical, legal and social issues related to the use of human tissues obtained in the course of research or diagnostic procedures and retained for further use in research. The question of intellectual property rights over commercially viable products or procedures that are derived from these samples and the suitability or otherwise of participants relinquishing their rights to the samples needs urgent attention. The complexity of these matters lies in the fact that the relationship between intellectual property rights and ownership or rights pertaining to the samples on which the intellectual property right is based may either be overlooked or taken for granted. What equally makes the matter complex is that samples may be obtained from participants in developing countries and exported to developed countries for analysis and research. It is important for research ethics committees to tread carefully when reviewing research protocols that raise such issues for purposes of ensuring that appropriate benefit sharing agreements, particularly with developing countries, are in place. This paper attempts to analyse the key questions related to ownership and intellectual property rights in commercially viable products derived from human tissue samples. Patent law is used as a point of reference as opposed to other forms of intellectual property rights such as industrial designs because it is the right that most inventors apply for in respect of human tissue-related inventions. The key questions are formulated following a systematic analysis of peer reviewed journal articles that have reported original investigations into relevant issues in this field. Most of the cases and reported studies that are referred to in this paper do not directly deal with HIV/AIDS research but the underlying principles are helpful in HIV/AIDS research as well. Pertinent questions, which members of ethics review committees should focus on in this regard are discussed and

  1. A Short Introduction to Intellectual Property Rights.

    PubMed

    Voss, Trina; Paranjpe, Arvin S; Cook, Travis G; Garrison, Nicole D W

    2017-06-01

    Intellectual property (IP) is a term that describes a number of distinct types of intangible assets. IP protection allows a rightsholder to exclude others from interfering with or using the property right in specified ways. The main forms of IP are patents, copyrights, trademarks, and trade secrets. Each type of IP protection is different, varying in the subject matter that can be covered, timeframe of protection, and total expense. Although some inventions may be covered by multiple types of IP protection, it is important to consider a number of business and legal factors before selecting the best protection strategy. Some technologies require strong IP protection to commercialize, but unnecessary costs can derail bringing a product to market. IP departments of organizations weigh these various considerations and perform essential IP protection functions. This primer introduces researchers to the main forms of IP and its legal aspects. Copyright © 2017 Elsevier Inc. All rights reserved.

  2. Who shall live when not all can live? Intellectual property in accessing and benefit-sharing influenza viruses through the World Health Organisation.

    PubMed

    Lawson, Charles

    2011-03-01

    This article addresses the development of the World Health Organisation's (WHO) arrangements for accessing viruses and the development of vaccines to respond to potential pandemics (and other lesser outbreaks). It examines the ongoing "conflict" between the United Nations' Convention on Biological Diversity (CBD) and the World Trade Organisation's Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) in the context of the debates about the paramountcy of intellectual property, and the potential for other (equity and development) imperatives to over-ride respect for intellectual property and TRIPS. The article concludes that the same intellectual property fault lines are evident in the WHO forum as those apparent at the CBD and the WTO fora, and an ongoing failure to properly address questions of equity and development. This poses a challenge for the Australian Government in guaranteeing a satisfactory pandemic influenza preparation and response.

  3. Intellectual Property and Technical Data Rights: It’s About the Money

    DTIC Science & Technology

    2012-03-19

    Procurement Act of 1947 and the Federal Property and Administrative Services Act of 1949. These laws sought to codify all the various contract laws that...23 Christine Trend, ―Killing The Goose That Laid The Golden Egg: Data Rights Laws and Policy In Department of Defense Contracts‖, Public Contract Law Journal...Wikipedia: the Free Encyclopedia, Intellectual Property 40 US Constitution, Article 1, Section 8 41 Government Contract Law CON 210, Student Text

  4. Intellectual Property Rights in E-Learning Programmes: Report of the Working Group.

    ERIC Educational Resources Information Center

    Higher Education Funding Council for England, Bristol.

    This report is a good practice guide for higher education institutions on intellectual property rights in e-learning programs. The report includes model clauses that may be included in contracts at higher education institutions and incorporates comments from a previous limited "expert" consultation. It focuses on how to manage…

  5. 76 FR 64075 - Request for Comments on Intellectual Property Enforcement in China

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-10-17

    ... increasingly seeking to protect and enforce their intellectual property (IP) in that country. China's patent and trademark offices are now among the largest in the world in terms of filings, and its IP enforcement system is being increasingly utilized by U.S. rights holders. Ensuring that the Chinese IP system...

  6. RETHINKING THE ROLE OF CLINICAL TRIAL DATA IN INTERNATIONAL INTELLECTUAL PROPERTY LAW: THE CASE FOR A PUBLIC GOODS APPROACH

    PubMed Central

    REICHMAN, JEROME H.

    2009-01-01

    This article describes the growth and consequences of new intellectual property rights given to pharmaceutical developers, and it advocates treating clinical trials as a public good. Although the soaring cost of clinical trials is well known and discussed, too little attention is given to the underlying rationale for allowing drug developers to recoup their costs through the new intellectual property rights provided in multilateral, regional, and bilateral agreements. Known in the US as “market exclusivity” and in Europe as “data exclusivity,” these rights prohibit would-be generic producers from obtaining regulatory approval based on the original producers’ undisclosed test data. Market and data exclusivity is codified in US and European domestic law as well as the North American Free Trade Agreement (NAFTA) and, to a lesser degree, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Market and data exclusivity is binding an increasing number of developing countries via Free Trade Agreements (FTAs), which hinder developing countries from manufacturing generic drugs. At a minimum, negotiators should replace the norm of exclusive control over data with a liability rule, or take and pay rule, in which generic manufacturers can use original manufacturers’ clinical trial data in exchange for reasonable compensation. A more fundamental solution requires questioning the status quo of proprietary clinical trial data. The conventional wisdom is that market and data exclusivity, and drug developers’ consequent ability to limit competition from generics above and beyond patent protection, are a necessary incentive for drug developers to fund ever more expensive clinical trials. Clinical trial data, however, are public goods that will be undersupplied and over protected so long as private actors provide them. Moreover, manufacturers have an incentive to present clinical trial data so that they support regulatory approval at the

  7. RETHINKING THE ROLE OF CLINICAL TRIAL DATA IN INTERNATIONAL INTELLECTUAL PROPERTY LAW: THE CASE FOR A PUBLIC GOODS APPROACH.

    PubMed

    Reichman, Jerome H

    2009-01-01

    This article describes the growth and consequences of new intellectual property rights given to pharmaceutical developers, and it advocates treating clinical trials as a public good. Although the soaring cost of clinical trials is well known and discussed, too little attention is given to the underlying rationale for allowing drug developers to recoup their costs through the new intellectual property rights provided in multilateral, regional, and bilateral agreements. Known in the US as "market exclusivity" and in Europe as "data exclusivity," these rights prohibit would-be generic producers from obtaining regulatory approval based on the original producers' undisclosed test data. Market and data exclusivity is codified in US and European domestic law as well as the North American Free Trade Agreement (NAFTA) and, to a lesser degree, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Market and data exclusivity is binding an increasing number of developing countries via Free Trade Agreements (FTAs), which hinder developing countries from manufacturing generic drugs. At a minimum, negotiators should replace the norm of exclusive control over data with a liability rule, or take and pay rule, in which generic manufacturers can use original manufacturers' clinical trial data in exchange for reasonable compensation. A more fundamental solution requires questioning the status quo of proprietary clinical trial data. The conventional wisdom is that market and data exclusivity, and drug developers' consequent ability to limit competition from generics above and beyond patent protection, are a necessary incentive for drug developers to fund ever more expensive clinical trials. Clinical trial data, however, are public goods that will be undersupplied and over protected so long as private actors provide them. Moreover, manufacturers have an incentive to present clinical trial data so that they support regulatory approval at the expense of public

  8. Safeguarding Copyrighted Contents: Digital Libraries and Intellectual Property Management. CWRU's Rights Management System.

    ERIC Educational Resources Information Center

    Alrashid, Tareq M.; Barker, James A.; Christian, Brian S.; Cox, Steven C.; Rabne, Michael W.; Slotta, Elizabeth A.; Upthegrove, Luella R.

    1998-01-01

    Describes Case Western Reserve University's (CWRU's) digital library project that examines the networked delivery of full-text materials and high-quality images to provide students excellent supplemental instructional resources delivered directly to their dormitory rooms. Reviews intellectual property (IP) management requirements and describes…

  9. Improving global access to new vaccines: intellectual property, technology transfer, and regulatory pathways.

    PubMed

    Crager, Sara Eve

    2014-11-01

    The 2012 World Health Assembly Global Vaccine Action Plan called for global access to new vaccines within 5 years of licensure. Current approaches have proven insufficient to achieve sustainable vaccine pricing within such a timeline. Paralleling the successful strategy of generic competition to bring down drug prices, a clear consensus is emerging that market entry of multiple suppliers is a critical factor in expeditiously bringing down prices of new vaccines. In this context, key target objectives for improving access to new vaccines include overcoming intellectual property obstacles, streamlining regulatory pathways for biosimilar vaccines, and reducing market entry timelines for developing-country vaccine manufacturers by transfer of technology and know-how. I propose an intellectual property, technology, and know-how bank as a new approach to facilitate widespread access to new vaccines in low- and middle-income countries by efficient transfer of patented vaccine technologies to multiple developing-country vaccine manufacturers.

  10. [Improving global access to new vaccines: intellectual property, technology transfer, and regulatory pathways].

    PubMed

    Crager, Sara Eve

    2015-01-01

    The 2012 World Health Assembly Global Vaccine Action Plan called for global access to new vaccines within 5 years of licensure. Current approaches have proven insufficient to achieve sustainable vaccine pricing within such a timeline. Paralleling the successful strategy of generic competition to bring down drug prices, a clear consensus is emerging that market entry of multiple suppliers is a critical factor in expeditiously bringing down prices of new vaccines. In this context, key target objectives for improving access to new vaccines include overcoming intellectual property obstacles, streamlining regulatory pathways for biosimilar vaccines, and reducing market entry timelines for developing-country vaccine manufacturers by transfer of technology and know-how. I propose an intellectual property, technology, and know-how bank as a new approach to facilitate widespread access to new vaccines in low- and middle-income countries by efficient transfer of patented vaccine technologies to multiple developing-country vaccine manufacturers.

  11. Whose body is it anyway? Human cells and the strange effects of property and intellectual property law.

    PubMed

    Feldman, Robin

    2011-06-01

    Whatever else I might own in this world, it would seem intuitively obvious that I own the cells of my body. Where else could the notion of ownership begin, other than with the components of the tangible corpus that all would recognize as "me"? The law, however, does not view the issue so neatly and clearly, particularly when cells are no longer in my body. As so often happens in law, we have reached this point, not by design, but by the piecemeal development of disparate notions that, when gathered together, form a strange and disconcerting picture. This Article examines both property and intellectual property doctrines in relation to human cells that are no longer within the body. In particular, the Article discusses the Bilski decision, in the context of life science process patents, and the Molecular Pathology case, in the context of gene patents. For patent law, the Article concludes that the problem lies not with the fact that genes constitute patentable subject matter, but rather with the extent of the rights that are granted. For both property and intellectual property law, the Article concludes that a more careful application of basic legal principles would better reflect the interests of society as a whole and the interests of individual human subjects, as well as the interests of those who innovate.

  12. Biotechnology-Related Intellectual Property Law of Iran

    PubMed Central

    Rasekh, Mohammad

    2009-01-01

    In this study, an attempt has been made to expound the Iranian law of intellectual property in relation to biotechnology. The most important themes studied are patents, industrial designs and trade marks. The latest relevant piece of legislation concerning the subject matters was passed in March 2008. However, the history of laws and regulations in this field goes back to early twentieth century (i.e. 1925). In this review, on the basis of the latest law passed in 2008, the topics explored are the responsible authority, patentable items and criteria, excluded items, registration procedure, rights conferred and sanctions. At the end, an attempt is made to put forward a few points as an analysis of the above Law from a critical point of view. PMID:23407745

  13. Intellectual property rights, moral imagination, and access to life-enhancing drugs.

    PubMed

    Werhane, Patricia H; Gorman, Michael

    2005-10-01

    Although the idea of intellectual property (IP) rights--proprietary rights to what one invents, writes, paints, composes or creates--is firmly embedded in Western thinking, these rights are now being challenged across the globe in a number of areas. This paper will focus on one of those challenges: government-sanctioned copying of patented drugs without permission or license of the patent owner in the name of national security, in health emergencies, or life-threatening epidemics. After discussing standard rights-based and utilitarian arguments defending intellectual property we will present another model. IP is almost always a result of a long history of of scientific or technological development and numbers of networks of creativity, not the act of a single person or a group of people at one moment in time. Thus thinking about and evaluating IP requires a traditional model of IP. It follows that the owner of those rights has some obligations to share that information or its outcomes. If that conclusion is applied to the distribution of antiretroviral drugs, what pharmaceutical companies are ethically required to do to increase access to these medicines in the developing world will have to be reanalyzed from a more systemic perspective.

  14. 29 CFR 2550.407a-2 - Limitation with respect to the acquisition of qualifying employer securities and qualifying...

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... FIDUCIARY RESPONSIBILITY UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 RULES AND REGULATIONS FOR FIDUCIARY RESPONSIBILITY § 2550.407a-2 Limitation with respect to the acquisition of qualifying employer... employer securities and qualifying employer real property. 2550.407a-2 Section 2550.407a-2 Labor...

  15. Proper laboratory notebook practices: protecting your intellectual property.

    PubMed

    Nickla, Jason T; Boehm, Matthew B

    2011-03-01

    A laboratory notebook contains a wealth of knowledge that can be critical for establishing evidence in support of intellectual property rights and for refuting claims of research misconduct. The proper type, organization, use, maintenance, and storage of laboratory notebooks should be a priority for everyone at research institutions. Failure to properly document research activities can lead to serious problems, including the loss of valuable patent rights. Consequences of improper laboratory notebook practices can be harsh; numerous examples are described in court cases and journal articles, indicating a need for research institutions to develop strict policies on the proper use and storage of research documentation.

  16. Intellectual property : a handbook for employees of the Virginia Department of Transportation, August 2005.

    DOT National Transportation Integrated Search

    2005-08-01

    Because intellectual property is a dynamic field of law, this handbook is neither a : comprehensive guide nor an accurate predictor of legal developments. This handbook : is merely an effort by the Virginia Transportation Research Council to provide ...

  17. 41 CFR 101-29.207 - Qualified products list (QPL).

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 41 Public Contracts and Property Management 2 2010-07-01 2010-07-01 true Qualified products list... PRODUCT DESCRIPTIONS 29.2-Definitions § 101-29.207 Qualified products list (QPL). A qualified products list is a list of products that have met the qualification requirements stated in the applicable...

  18. Curriculum, Intellectual Property Rights and Open Educational Resources in British Universities--and Beyond

    ERIC Educational Resources Information Center

    Hawkridge, David; Armellini, Alejandro; Nikoi, Samuel; Rowlett, Tania; Witthaus, Gabi

    2010-01-01

    Is the curriculum in British universities being influenced by decisions about ownership of intellectual property rights (IPR) in "open educational resources" (OERs) that are available online under Creative Commons licenses, free of charge? This paper provides the context for, describes and analyses three significant examples in British…

  19. Intellectual property : a handbook for employees of the Virginia Department of Transportation, August 2006.

    DOT National Transportation Integrated Search

    2006-01-01

    Because intellectual property is a dynamic field of law, this handbook is neither a comprehensive guide nor an accurate predictor of legal developments. This handbook is merely an effort by the Virginia Transportation Research Council to provide VDOT...

  20. Intellectual property : a handbook for employees of the Virginia Department of Transportation, March 2002.

    DOT National Transportation Integrated Search

    2002-01-01

    Because intellectual property is a dynamic field of law, this handbook is neither a comprehensive guide nor an accurate predictor of legal developments. The handbook is an effort by the Virginia Transportation Research Council to provide VDOT employe...

  1. Improving Global Access to New Vaccines: Intellectual Property, Technology Transfer, and Regulatory Pathways

    PubMed Central

    2014-01-01

    The 2012 World Health Assembly Global Vaccine Action Plan called for global access to new vaccines within 5 years of licensure. Current approaches have proven insufficient to achieve sustainable vaccine pricing within such a timeline. Paralleling the successful strategy of generic competition to bring down drug prices, a clear consensus is emerging that market entry of multiple suppliers is a critical factor in expeditiously bringing down prices of new vaccines. In this context, key target objectives for improving access to new vaccines include overcoming intellectual property obstacles, streamlining regulatory pathways for biosimilar vaccines, and reducing market entry timelines for developing-country vaccine manufacturers by transfer of technology and know-how. I propose an intellectual property, technology, and know-how bank as a new approach to facilitate widespread access to new vaccines in low- and middle-income countries by efficient transfer of patented vaccine technologies to multiple developing-country vaccine manufacturers. PMID:25211753

  2. Corporate Governance and Intellectual Capital: Evidence from Public and Private Universities

    ERIC Educational Resources Information Center

    Wahid, Akma Hidayu Dol Abdu; Abu, Nor Asyiqin; Latif, Wannoraini Abdul; Smith, Malcolm

    2013-01-01

    This study was conducted to examine the perception of academics towards intellectual capital (IC) and governance practice at two Malaysian universities: University A (a Public University) and University B (a Private University). It also examines the factors which contribute to the retention of qualified academics and the relationship between…

  3. Curbing International Piracy of Intellectual Property. Policy Options for a Major Exporting Country.

    ERIC Educational Resources Information Center

    Hoffman, Gary M.; Marcou, George T.

    This report of the International Piracy Project addresses three major topics: (1) The Costs and Complications of Piracy; (2) Rights Enforcement Today; and (3) Policy Options for Curbing Piracy. The first section discusses piracy of copyrights, patents, and other intellectual property, including economic losses and damage to the finances and…

  4. "It's One of the Hardest Jobs in the World": The Experience and Understanding of Qualified Nurses Who Work with Individuals Diagnosed with Both Learning Disability and Personality Disorder

    ERIC Educational Resources Information Center

    Lee, Amy; Kiemle, Gundi

    2015-01-01

    Background: This study examines the experiences of qualified nurses working with individuals diagnosed with both intellectual disability and personality disorder (PD) in a medium-secure forensic intellectual disability setting. Potential training needs are highlighted, as well as other ways in which services could better support staff to work…

  5. Finding a Balance: Computer Software, Intellectual Property and the Challenge of Technological Change.

    ERIC Educational Resources Information Center

    Congress of the U.S., Washington, DC. Office of Technology Assessment.

    This report, prepared by the Office of Technological Assessment (OTA) in response to a request from the House Committee on the Judiciary, examines the rapid and complex technological changes and trends in computer software technologies and their possible effects on the nation's intellectual property system. The three policy issues identified are:…

  6. The right to health and medicines: the case of recent multilateral negotiations on public health, innovation and intellectual property.

    PubMed

    Velasquez, German

    2014-08-01

    The negotiations of the intergovernmental group known as the 'IGWG', undertaken by the Member States of the WHO, were the result of a deadlock in the World Health Assembly held in 2006 where the Member States of the WHO were unable to reach an agreement on what to do with the 60 recommendations in the report on 'Public Health, Innovation and Intellectual Property Rights submitted to the Assembly in the same year by a group of experts designated by the Director General of the WHO. The result of these negotiations was the 'Global strategy and plan of action on public health, innovation and intellectual property' which was approved by the World Health Assembly in 2008. The intention of the Global Strategy and Plan of Action (GSPOA) which was produced by the IGWG was to substantially reform the pharmaceuticals' research and development system in view of the findings that this system, whose purpose is to produce medicines for diseases which affect the greater part of the world population which lives in developing countries, had failed. The intellectual property rights imposed by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the recent trade agreements could become one of the main obstacles to access to medicines. The GSPOA makes a critical analysis of this reality, and opens the door to searching for new solutions to this problem. © 2014 John Wiley & Sons Ltd.

  7. Global Justice and Intellectual Property Rights: Reforming the International IPR Regime for Balanced Development

    ERIC Educational Resources Information Center

    Salokannel, Marjut

    2006-01-01

    Today it is widely recognized that a uniform global intellectual property (IP) system requiring a high level of protection is inherently unjust and affects countries differently depending upon their level of technological and economic development. This article analyzes the functioning of the current international treaty framework having…

  8. 75 FR 8137 - Coordination and Strategic Planning of the Federal Effort Against Intellectual Property...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-02-23

    ... jobs. In addition, the IPEC seeks written submissions identifying threats to public health and safety... resulting from intellectual property violations, and the threats to public health and safety created by... violations, and the threats to public health and safety created by infringement. Thus, the IPEC seeks written...

  9. Improvement of the course “Management of intellectual property” based on the mixed state contract in the field of scientific R&D

    NASA Astrophysics Data System (ADS)

    Yakovlev, D.; Ageev, A.; Yushkov, E.; Bogatyreova, M.

    2017-01-01

    Intellectual property (IP) is one of the forms of storing knowledge - intangible assets of knowledge economy. The translation of IP knowledge to the young generation is one of the challenges of nuclear knowledge management. At the NRNU MEPhI (National Research Nuclear University MEPhI), the subject is studied within the framework of the academic course “Management of intellectual property. The aim of the course is to train qualified specialists, ready to use modern methods of strategic management of IP in commercial firms. The article is devoted to the strengthening and transfer of IP rights for scientific output application in industry and commerce. The state remains the main source that finances all the significant developments in the field of science and technology. Therefore, the primary task is to effectively utilize the R&D output created at the expense of the Federal budget, both within the state order and the estimated budget financing. Currently, there exist contradictions in the area of strengthening and transfer of rights for R&D in the field of science. The newly borne concept dealing with the strengthening of IP rights for the scientific R&D output, centers on the theory of a mixed state contract and is conveniently integrated with the academic course mentioned. Knowledge itself takes the form of IP, as soon as it becomes formalized. The academic course when supplemented with various approaches to strengthening and transfer of IP rights for the scientific R&D output certainly gives a better understanding of the commercialization process of the intellectual capital and structures relevance to intellectual property. The research material is integrated with the educational process, and the academic course “Management of intellectual property” is designed both for economic and engineering specialties.

  10. Psychometric Properties of a Sleep Questionnaire for Use in Individuals with Intellectual Disabilities

    ERIC Educational Resources Information Center

    Maas, Anneke P. H. M.; Didden, Robert; Korzilius, Hubert; Braam, Wiebe; Collin, Philippe; Smits, Marcel G.; Curfs, Leopold M. G.

    2011-01-01

    We examined the psychometric properties of one part of the Sleep Questionnaire developed by Simonds and Parraga (SQ-SP; 1982), a questionnaire that is frequently used to explore sleep problems and behaviors related to sleep in individuals with intellectual disability (ID). The SQ-SP was completed for 345 individuals with ID (sleep clinic n = 146;…

  11. Associations of Newly Qualified Teachers' Beliefs with Classroom Management Practices and Approaches to Instruction over One School Year

    ERIC Educational Resources Information Center

    Aus, Kati; Jõgi, Anna-Liisa; Poom-Valickis, Katrin; Eisenschmidt, Eve; Kikas, Eve

    2017-01-01

    We focus on assessing whether newly qualified teachers' professional outcome expectations and their beliefs about students' intellectual potential are associated with teachers' self-reported classroom management and instructional practices. One hundred and eighteen novice teachers participating in the induction year programme were studied during…

  12. Recent Developments in Intellectual Property Law: Avoiding Traps in the Pursuit of University Research

    ERIC Educational Resources Information Center

    Garabedian, Todd E.

    2004-01-01

    U.S. patent laws have undergone many changes in recent years, both through Congress and the courts. This article summarizes recent developments relating to judicial decisions, legislative initiatives, and patent office policy, and provides some practical advice relating to administration of intellectual property. As illustrated by the latest…

  13. 78 FR 68030 - Draft Guidance on Intellectual Property Rights for the National Network for Manufacturing...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-11-13

    ... Additive Manufacturing showed great promise for the defense, energy, space and commercial sectors of the Nation. In August, 2012, the selection of the National Additive Manufacturing Innovation Institute (NAMII...-01] Draft Guidance on Intellectual Property Rights for the National Network for Manufacturing...

  14. 36 CFR 908.12 - Retention on the List of Qualified Persons.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 36 Parks, Forests, and Public Property 3 2011-07-01 2011-07-01 false Retention on the List of Qualified Persons. 908.12 Section 908.12 Parks, Forests, and Public Property PENNSYLVANIA AVENUE DEVELOPMENT... Qualified Person is relocated into or has a binding lease commitment for Newly Developed Space; (3) The...

  15. 36 CFR 908.12 - Retention on the List of Qualified Persons.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Retention on the List of Qualified Persons. 908.12 Section 908.12 Parks, Forests, and Public Property PENNSYLVANIA AVENUE DEVELOPMENT... Qualified Person is relocated into or has a binding lease commitment for Newly Developed Space; (3) The...

  16. The Regional Comprehensive Economic Partnership, Intellectual Property Protection, and Access to Medicines.

    PubMed

    Townsend, Belinda; Gleeson, Deborah; Lopert, Ruth

    2016-11-01

    The inclusion of elevated standards of intellectual property (IP) protection in the recently negotiated Trans-Pacific Partnership (TPP) agreement has raised serious public health concerns regarding access to medicines. A lesser-known trade agreement under negotiation in the Asia-Pacific region is the Regional Comprehensive Economic Partnership (RCEP). Framed as an attempt to reassert ASEAN's position in response to the United States-led TPP, RCEP includes key players China and India as well as several low- and middle-income countries (LMICs). Leaked drafts of IP provisions proposed by Japan and South Korea raise similar concerns in the Asia-Pacific region. This article identifies TRIPS (Trade Related Aspects of Intellectual Property Rights agreement)-Plus provisions in leaked negotiating texts and examines their implications for LMICs that are not also parties to the TPP: Cambodia, Indonesia, Laos, Myanmar, the Philippines, Thailand, China, and India. We find that higher levels of IP protection delay the market entry of generic medicines, giving rise to increased costs to governments and reduced access to essential medicines. The article concludes that the public health community should recognize risks inherent in trade agreements that promote expansions of IP rights and engage with governments to ensure that public health is adequately and explicitly protected in trade and investment negotiations. © 2016 APJPH.

  17. The Implications of Incumbent Intellectual Property Strategies for Open Source Software Success and Commercialization

    ERIC Educational Resources Information Center

    Wen, Wen

    2012-01-01

    While open source software (OSS) emphasizes open access to the source code and avoids the use of formal appropriability mechanisms, there has been little understanding of how the existence and exercise of formal intellectual property rights (IPR) such as patents influence the direction of OSS innovation. This dissertation seeks to bridge this gap…

  18. [Essential medicines and the TRIPS Agreement: collision between the right to health and intellectual property rights].

    PubMed

    Allard Soto, Raúl

    2015-03-01

    The strengthening of pharmaceutical patent protection globally puts strains on access to essential medicines. According to the present paper, this process has led to the collision of the intellectual property rights adopted in the World Trade Organization (WTO) Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and the right to health stated in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Several controversies disputed in the WTO illustrate the confrontation between countries with a powerful pharmaceutical industry and the interests of developing countries. It is concluded that the TRIPS-plus rules subscribed to by developing countries in free trade agreements which give the pharmaceutical patent holder more rights than those stipulated in the original TRIPS Agreement are incompatible with the obligations to provide access to essential medicines under the right to health of the ICESCR.

  19. 26 CFR 1.144-1 - Qualified small issue bonds, qualified student loan bonds, and qualified redevelopment bonds.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 26 Internal Revenue 2 2012-04-01 2012-04-01 false Qualified small issue bonds, qualified student loan bonds, and qualified redevelopment bonds. 1.144-1 Section 1.144-1 Internal Revenue INTERNAL...) Tax Exemption Requirements for State and Local Bonds § 1.144-1 Qualified small issue bonds, qualified...

  20. 26 CFR 1.144-1 - Qualified small issue bonds, qualified student loan bonds, and qualified redevelopment bonds.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 26 Internal Revenue 2 2013-04-01 2013-04-01 false Qualified small issue bonds, qualified student loan bonds, and qualified redevelopment bonds. 1.144-1 Section 1.144-1 Internal Revenue INTERNAL...) Tax Exemption Requirements for State and Local Bonds § 1.144-1 Qualified small issue bonds, qualified...

  1. 26 CFR 1.144-1 - Qualified small issue bonds, qualified student loan bonds, and qualified redevelopment bonds.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 26 Internal Revenue 2 2010-04-01 2010-04-01 false Qualified small issue bonds, qualified student loan bonds, and qualified redevelopment bonds. 1.144-1 Section 1.144-1 Internal Revenue INTERNAL...) Tax Exemption Requirements for State and Local Bonds § 1.144-1 Qualified small issue bonds, qualified...

  2. 26 CFR 1.144-1 - Qualified small issue bonds, qualified student loan bonds, and qualified redevelopment bonds.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 26 Internal Revenue 2 2014-04-01 2014-04-01 false Qualified small issue bonds, qualified student loan bonds, and qualified redevelopment bonds. 1.144-1 Section 1.144-1 Internal Revenue INTERNAL...) Tax Exemption Requirements for State and Local Bonds § 1.144-1 Qualified small issue bonds, qualified...

  3. 26 CFR 1.144-1 - Qualified small issue bonds, qualified student loan bonds, and qualified redevelopment bonds.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 26 Internal Revenue 2 2011-04-01 2011-04-01 false Qualified small issue bonds, qualified student loan bonds, and qualified redevelopment bonds. 1.144-1 Section 1.144-1 Internal Revenue INTERNAL...) Tax Exemption Requirements for State and Local Bonds § 1.144-1 Qualified small issue bonds, qualified...

  4. 76 FR 55744 - Currently Approved Information Collection: Comment Request for Application for Intellectual...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-09-08

    ... Request for Application for Intellectual Property Use Forms AGENCY: United States Mint. ACTION: Notice and... United States Mint Application for Intellectual Property Use forms. DATES: Written comments should be....treas.gov . SUPPLEMENTARY INFORMATION: Title: Applications for Intellectual Property Use. OMB Number...

  5. 41 CFR 102-80.135 - Who is a qualified fire protection engineer?

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... protection engineer? 102-80.135 Section 102-80.135 Public Contracts and Property Management Federal Property... qualified fire protection engineer? A qualified fire protection engineer is defined as an individual with a thorough knowledge and understanding of the principles of physics and chemistry governing fire growth...

  6. 41 CFR 102-80.135 - Who is a qualified fire protection engineer?

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... protection engineer? 102-80.135 Section 102-80.135 Public Contracts and Property Management Federal Property... qualified fire protection engineer? A qualified fire protection engineer is defined as an individual with a..., spread, and suppression, meeting one of the following criteria: (a) An engineer having an undergraduate...

  7. 41 CFR 102-80.135 - Who is a qualified fire protection engineer?

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... protection engineer? 102-80.135 Section 102-80.135 Public Contracts and Property Management Federal Property... qualified fire protection engineer? A qualified fire protection engineer is defined as an individual with a..., spread, and suppression, meeting one of the following criteria: (a) An engineer having an undergraduate...

  8. 41 CFR 102-80.135 - Who is a qualified fire protection engineer?

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... protection engineer? 102-80.135 Section 102-80.135 Public Contracts and Property Management Federal Property... qualified fire protection engineer? A qualified fire protection engineer is defined as an individual with a..., spread, and suppression, meeting one of the following criteria: (a) An engineer having an undergraduate...

  9. 41 CFR 102-80.135 - Who is a qualified fire protection engineer?

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... protection engineer? 102-80.135 Section 102-80.135 Public Contracts and Property Management Federal Property... qualified fire protection engineer? A qualified fire protection engineer is defined as an individual with a..., spread, and suppression, meeting one of the following criteria: (a) An engineer having an undergraduate...

  10. Intellectual Property and Aboriginal People: A Working Paper = Propriete intellectuelle et Autochtones: Document de travail.

    ERIC Educational Resources Information Center

    Brascoupe, Simon; Endemann, Karin

    Written in English and French, this paper outlines current Canadian intellectual property legislation as it relates to Aboriginal people in Canada, and provides a general review of the implications and limitations of this legislation for protecting the traditional knowledge of Aboriginal people. An initial discussion of Aboriginal perspectives…

  11. University Faculty and the Value of Their Intellectual Property: Comparing IP in Teaching and Research

    ERIC Educational Resources Information Center

    Hentschke, Guilbert C.

    2017-01-01

    This chapter describes the protectionist and access functions of intellectual property for the teaching and research work of university faculty. The degree to which an individual piece of IP is protected or made accessible to others depends in large measure on its market-related characteristics, including costs of production, availability of…

  12. Intellectual property considerations for molecular diagnostic development with emphasis on companion diagnostics.

    PubMed

    Glorikian, Harry; Warburg, Richard Jeremy; Moore, Kelly; Malinowski, Jennifer

    2018-02-01

    The development of molecular diagnostics is a complex endeavor, with multiple regulatory pathways to consider and numerous approaches to development and commercialization. Companion diagnostics, devices which are "essential for the safe and effective use of a corresponding drug or diagnostic product" (see U.S. Food & Drug Administration, In Vitro Diagnostics - Companion Diagnostics, U.S. Dept. of Health & Human Services(2016), available at https://www.fda.gov/medicaldevices/productsandmedicalprocedures/invitrodiagnostics/ucm407297.htm ) and complementary diagnostics, which are more broadly associated with a class of drug, are becoming increasingly important as integral components of the implementation of precision medicine. Areas covered: The following article will highlight the intellectual property ('IP') considerations pertinent to molecular diagnostics development with special emphasis on companion diagnostics. Expert opinion/commentary Summary: For all molecular diagnostics, intellectual property (IP) concerns are of paramount concern, whether the device will be marketed only in the United States or abroad. Taking steps to protect IP at each stage of product development is critical to optimize profitability of a diagnostic product. Also the legal framework around IP protection of diagnostic technologies has been changing over the previous few years and can be expected to continue to change in the foreseeable near future, thus, a comprehensive IP strategy should take into account the fact that changes in the law can be expected.

  13. Role of intellectual property in investment-backed personalized medicine.

    PubMed

    Norviel, Vern; Akhavan, Ray; Alemozafar, Ali R

    2010-01-01

    Personalized medicine is a growing field that promises to provide individualized treatment that is tailored to each patient. For a startup personalized medicine company, an initial step in securing financing is to protect its intellectual property (IP), for example, through patent protection. When deciding whether to invest in a personalized medicine company, investors, such as venture capitalists, assess the scope of a personalized medicine company's protection of its IP. Patent protection is a powerful way for a personalized medicine startup company to protect its IP, but patent protection for personalized medicine inventions can differ from one country to another. A personalized medicine company could benefit from developing a well-defined IP strategy for maximizing the scope and breadth of its IP protection.

  14. Recalibrating intellectual property rights to enhance translational research collaborations.

    PubMed

    Bubela, Tania; FitzGerald, Garret A; Gold, E Richard

    2012-02-22

    Multisectoral collaborative models for drug and therapeutic research and development (R&D) are emerging, requiring a recalibration of how intellectual property rights (IPRs) are used. Although these models appear promising, little study has been conducted on the optimal blend of sharing and exclusion as mediated through the proactive use or nonuse of IPRs. This Commentary is a call for a combination of theoretical and empirical analyses to build a comprehensive understanding of the interplay between formal IP laws, institutions that administer and manage IPRs, and the use of IPRs in practice to better construct and manage collaborations. Such analyses require outcome metrics formulated to measure the success of therapeutic outcomes and to capture the complexity of a highly networked R&D environment.

  15. The Trans Pacific Partnership Agreement, intellectual property and medicines: Differential outcomes for developed and developing countries.

    PubMed

    Gleeson, Deborah; Lexchin, Joel; Lopert, Ruth; Kilic, Burcu

    2018-04-01

    The final text of the Trans Pacific Partnership Agreement (TPP), agreed between the 12 negotiating countries in 2016, included a suite of intellectual property provisions intended to expand and extend pharmaceutical company exclusivities on medicines. It drew wide criticism for including such provisions in an agreement that involved developing countries (Vietnam, Peru, Malaysia, Mexico, Chile and Brunei Darussalam) because of the effect on delaying the introduction of low-cost generics. While developing nations negotiated transition periods for implementing some obligations, all parties would have eventually been expected to meet the same standards had the TPP come into force. While the TPP has stalled following US withdrawal, there are moves by some of the remaining countries to reinvigorate the agreement without the United States. The proponents may seek to retain as much as possible of the original text in the hope that the United States will re-join the accord in future. This article presents a comparative analysis of the impact the final 2016 TPP intellectual property chapter could be expected to have (if implemented in its current form) on the intellectual property laws and regulatory regimes for medicines in the TPP countries. Drawing on the published literature, it traces the likely impact on access to medicines. It focuses particularly on the differential impact on regulatory frameworks for developed and developing nations (in terms of whether or not legislative action would have been required to implement the agreement). The article also explores the political and economic dynamics that contributed to these differential outcomes.

  16. The Trans Pacific Partnership Agreement, intellectual property and medicines: Differential outcomes for developed and developing countries

    PubMed Central

    Gleeson, Deborah; Lexchin, Joel; Lopert, Ruth; Kilic, Burcu

    2017-01-01

    The final text of the Trans Pacific Partnership Agreement (TPP), agreed between the 12 negotiating countries in 2016, included a suite of intellectual property provisions intended to expand and extend pharmaceutical company exclusivities on medicines. It drew wide criticism for including such provisions in an agreement that involved developing countries (Vietnam, Peru, Malaysia, Mexico, Chile and Brunei Darussalam) because of the effect on delaying the introduction of low-cost generics. While developing nations negotiated transition periods for implementing some obligations, all parties would have eventually been expected to meet the same standards had the TPP come into force. While the TPP has stalled following US withdrawal, there are moves by some of the remaining countries to reinvigorate the agreement without the United States. The proponents may seek to retain as much as possible of the original text in the hope that the United States will re-join the accord in future. This article presents a comparative analysis of the impact the final 2016 TPP intellectual property chapter could be expected to have (if implemented in its current form) on the intellectual property laws and regulatory regimes for medicines in the TPP countries. Drawing on the published literature, it traces the likely impact on access to medicines. It focuses particularly on the differential impact on regulatory frameworks for developed and developing nations (in terms of whether or not legislative action would have been required to implement the agreement). The article also explores the political and economic dynamics that contributed to these differential outcomes. PMID:29706802

  17. Patenting nature or protecting culture? Ethnopharmacology and indigenous intellectual property rights.

    PubMed

    McGonigle, Ian Vincent

    2016-04-01

    Ethnopharmacologists are scientists and anthropologists that study indigenous medicines and healing practices, and who often develop new therapies and medicines for wider use. Ethnopharmacologists do fieldwork with indigenous peoples in traditional societies, where they encounter a wide range of cultural values and varying ideas about the nature of property relations. This poses difficulties for protecting indigenous intellectual property and for making just trade agreements. This Note reviews the legal issues relevant to the protection of indigenous resources in ethnopharmacology trade agreements, and suggests that recent developments in anthropology and the social study of science could be instructive in furthering the legal discourse and in providing policy directions. Specifically, the Note introduces the concepts of 'ontological pluralism' and 'epistemic subsidiarity', which could help lawmakers write sui generis trade agreements to better protect indigenous knowledge and resources.

  18. 33 CFR 154.1026 - Qualified individual and alternate qualified individual.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... BULK Response Plans for Oil Facilities § 154.1026 Qualified individual and alternate qualified individual. (a) The response plan must identify a qualified individual and at least one alternate who meet... implementation of the facility response plan; and (4) Be trained in the responsibilities of the qualified...

  19. 33 CFR 154.1026 - Qualified individual and alternate qualified individual.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... BULK Response Plans for Oil Facilities § 154.1026 Qualified individual and alternate qualified individual. (a) The response plan must identify a qualified individual and at least one alternate who meet... implementation of the facility response plan; and (4) Be trained in the responsibilities of the qualified...

  20. 33 CFR 154.1026 - Qualified individual and alternate qualified individual.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... BULK Response Plans for Oil Facilities § 154.1026 Qualified individual and alternate qualified individual. (a) The response plan must identify a qualified individual and at least one alternate who meet... implementation of the facility response plan; and (4) Be trained in the responsibilities of the qualified...

  1. 33 CFR 154.1026 - Qualified individual and alternate qualified individual.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... BULK Response Plans for Oil Facilities § 154.1026 Qualified individual and alternate qualified individual. (a) The response plan must identify a qualified individual and at least one alternate who meet... implementation of the facility response plan; and (4) Be trained in the responsibilities of the qualified...

  2. 26 CFR 1.1092(c)-1 - Qualified covered calls.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... lowest qualified benchmark is determined using the adjusted applicable stock price, as defined in § 1... (CONTINUED) INCOME TAXES Wash Sales of Stock Or Securities § 1.1092(c)-1 Qualified covered calls. (a) In.... Under section 1092(d)(3)(B)(i)(I), stock is personal property if the stock is part of a straddle that...

  3. An intellectual property sharing initiative in agricultural biotechnology: development of broadly accessible technologies for plant transformation.

    PubMed

    Chi-Ham, Cecilia L; Boettiger, Sara; Figueroa-Balderas, Rosa; Bird, Sara; Geoola, Josef N; Zamora, Pablo; Alandete-Saez, Monica; Bennett, Alan B

    2012-06-01

    The Public Intellectual Property Resource for Agriculture (PIPRA) was founded in 2004 by the Rockefeller Foundation in response to concerns that public investments in agricultural biotechnology benefiting developing countries were facing delays, high transaction costs and lack of access to important technologies due to intellectual property right (IPR) issues. From its inception, PIPRA has worked broadly to support a wide range of research in the public sector, in specialty and minor acreage crops as well as crops important to food security in developing countries. In this paper, we review PIPRA's work, discussing the failures, successes, and lessons learned during its years of operation. To address public sector's limited freedom-to-operate, or legal access to third-party rights, in the area of plant transformation, we describe PIPRA's patent 'pool' approach to develop open-access technologies for plant transformation which consolidate patent and tangible property rights in marker-free vector systems. The plant transformation system has been licensed and deployed for both commercial and humanitarian applications in the United States (US) and Africa, respectively. © 2012 The Authors. Plant Biotechnology Journal © 2012 Society for Experimental Biology, Association of Applied Biologists and Blackwell Publishing Ltd.

  4. Intellectual Property: a powerful tool to develop biotech research

    PubMed Central

    Giugni, Diego; Giugni, Valter

    2010-01-01

    Summary Today biotechnology is perhaps the most important technology field because of the strong health and food implications. However, due to the nature of said technology, there is the need of a huge amount of investments to sustain the experimentation costs. Consequently, investors aim to safeguard as much as possible their investments. Intellectual Property, and in particular patents, has been demonstrated to actually constitute a powerful tool to help them. Moreover, patents represent an extremely important means to disclose biotechnology inventions. Patentable biotechnology inventions involve products as nucleotide and amino acid sequences, microorganisms, processes or methods for modifying said products, uses for the manufacture of medicaments, etc. There are several ways to protect inventions, but all follow the three main patentability requirements: novelty, inventive step and industrial application. PMID:21255349

  5. Canada's Patented Medicines (Notice of Compliance) Proceedings and Intellectual Property.

    PubMed

    Bian, Henry; McCourt, Conor

    2015-01-08

    Canada's Patent Register is a tool created by the Patented Medicines (Notice of Compliance) Regulations to help innovators protect their inventions relating to pharmaceuticals. This tool exists at the intersection between the intellectual property and drug approval regimes. By listing a patent on the Patent Register, an innovator can prevent a generic manufacturer from entering the marketplace rather than having to wait for his or her patent to be infringed. This article provides information on the requirements for listing a patent on the Patent Register and an overview of how the Patent Medicines (Notice of Compliance) Regulations affect the drug approval process. Copyright © 2015 Cold Spring Harbor Laboratory Press; all rights reserved.

  6. Patenting nature or protecting culture? Ethnopharmacology and indigenous intellectual property rights

    PubMed Central

    McGonigle, Ian Vincent

    2016-01-01

    Ethnopharmacologists are scientists and anthropologists that study indigenous medicines and healing practices, and who often develop new therapies and medicines for wider use. Ethnopharmacologists do fieldwork with indigenous peoples in traditional societies, where they encounter a wide range of cultural values and varying ideas about the nature of property relations. This poses difficulties for protecting indigenous intellectual property and for making just trade agreements. This Note reviews the legal issues relevant to the protection of indigenous resources in ethnopharmacology trade agreements, and suggests that recent developments in anthropology and the social study of science could be instructive in furthering the legal discourse and in providing policy directions. Specifically, the Note introduces the concepts of ‘ontological pluralism’ and ‘epistemic subsidiarity’, which could help lawmakers write sui generis trade agreements to better protect indigenous knowledge and resources. PMID:27774245

  7. The role of the University Licensing Office in transferring intellectual property to industry

    NASA Technical Reports Server (NTRS)

    Preston, John T.

    1992-01-01

    Universities in the US have a significant impact on business through the transfer of technology. This transfer of technology takes various forms, including faculty communications, faculty consulting activities, and the direct transfer of technology through the licensing of patents, copyrights, and other intellectual property to industry. The topics discussed include the following: background of the MIT Technology Licensing Office (TLO), goals of the MIT TLO, MIT's technology transfer philosophy, and important factors for success in new company formation.

  8. Expanding the Intellectual Property Knowledge Base at University Libraries: Collaborating with Patent and Trademark Resource Centers

    ERIC Educational Resources Information Center

    Wallace, Martin; Reinman, Suzanne

    2018-01-01

    Patent and Trademark Resource Centers are located in libraries throughout the U.S., with 43 being in academic libraries. With the importance of incorporating a knowledge of intellectual property (IP) and patent research in university curricula nationwide, this study developed and evaluated a partnership program to increase the understanding of IP…

  9. Intellectual property rights and detached human body parts.

    PubMed

    Pila, Justine

    2014-01-01

    This paper responds to an invitation by the editors to consider whether the intellectual property (IP) regime suggests an appropriate model for protecting interests in detached human body parts. It begins by outlining the extent of existing IP protection for body parts in Europe, and the relevant strengths and weaknesses of the patent system in that regard. It then considers two further species of IP right of less obvious relevance. The first are the statutory rights of ownership conferred by domestic UK law in respect of employee inventions, and the second are the economic and moral rights recognised by European and international law in respect of authorial works. In the argument made, both of these species of IP right may suggest more appropriate models of sui generis protection for detached human body parts than patent rights because of their capacity better to accommodate the relevant public and private interests in respect of the same.

  10. Intellectual Property: a powerful tool to develop biotech research.

    PubMed

    Giugni, Diego; Giugni, Valter

    2010-09-01

    Today biotechnology is perhaps the most important technology field because of the strong health and food implications. However, due to the nature of said technology, there is the need of a huge amount of investments to sustain the experimentation costs. Consequently, investors aim to safeguard as much as possible their investments. Intellectual Property, and in particular patents, has been demonstrated to actually constitute a powerful tool to help them. Moreover, patents represent an extremely important means to disclose biotechnology inventions. Patentable biotechnology inventions involve products as nucleotide and amino acid sequences, microorganisms, processes or methods for modifying said products, uses for the manufacture of medicaments, etc. There are several ways to protect inventions, but all follow the three main patentability requirements: novelty, inventive step and industrial application. © 2010 The Authors; Journal compilation © 2010 Society for Applied Microbiology and Blackwell Publishing Ltd.

  11. Canada’s Patented Medicines (Notice of Compliance) Proceedings and Intellectual Property

    PubMed Central

    Bian, Henry; McCourt, Conor

    2015-01-01

    Canada’s Patent Register is a tool created by the Patented Medicines (Notice of Compliance) Regulations to help innovators protect their inventions relating to pharmaceuticals. This tool exists at the intersection between the intellectual property and drug approval regimes. By listing a patent on the Patent Register, an innovator can prevent a generic manufacturer from entering the marketplace rather than having to wait for his or her patent to be infringed. This article provides information on the requirements for listing a patent on the Patent Register and an overview of how the Patent Medicines (Notice of Compliance) Regulations affect the drug approval process. PMID:25573772

  12. 75 FR 25883 - China: Intellectual Property Infringement, Indigenous Innovation Policies, and Frameworks for...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-05-10

    ...Following receipt of a request from the United States Senate Committee on Finance (Committee) dated April 19, 2010, the U.S. International Trade Commission (Commission) instituted investigation No. 332-514, China: Intellectual Property Infringement, Indigenous Innovation Policies, and Frameworks for Measuring the Effects on the U.S. Economy, for the purpose of preparing the first of two reports requested by the Committee, and has scheduled a public hearing in connection with investigations relating to both reports for June 15, 2010.

  13. Paving the road to personalized medicine: recommendations on regulatory, intellectual property and reimbursement challenges

    PubMed Central

    Knowles, Lori; Luth, Westerly; Bubela, Tania

    2017-01-01

    Abstract Personalized medicine (PM) aims to harness a wave of ‘omics’ discoveries to facilitate research and discovery of targeted diagnostics and therapies and increase the efficiency of healthcare systems by predicting and treating individual predispositions to diseases or conditions. Despite significant investment, limited progress has been made bringing PM to market. We describe the major perceived regulatory, intellectual property, and reimbursement challenges to the development, translation, adoption, and implementation of PM products into clinical care. We conducted a scoping review to identify (i) primary challenges for the development and implementation of PM identified in the academic literature; (ii) solutions proposed in the academic literature to address these challenges; and (iii) gaps that exist in that literature. We identified regulatory barriers to PM development and recommendations in 344 academic papers. Regulatory uncertainty was a cross-cutting theme that appeared in conjunction with other themes including: reimbursement; clinical trial regulation; regulation of co-development; unclear evidentiary requirements; insufficient incentives for research and development; incompatible information systems; and different regulation of different diagnostics. To fully realize the benefits of PM for healthcare systems and patients, regulatory, intellectual property, and reimbursement challenges need to be addressed in lock step with scientific advances. PMID:29868182

  14. Intellectual Honesty in the Era of Computing.

    ERIC Educational Resources Information Center

    Connolly, Frank W.

    1995-01-01

    Discusses the need for intellectual honesty in using technology. Topics include intellectual property laws; ethics; indirect results of copying software and images; the need for institutional policy; and the provision of facilities and resources that encourage respect for policy. A sidebar provides "A Bill of Rights and Responsibilities for…

  15. 26 CFR 1.43-4 - Qualified enhanced oil recovery costs.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... tangible property is used directly in a qualified enhanced oil recovery project and is essential to the... gas and water from the oil after it is produced are used directly in the project and are essential to... 26 Internal Revenue 1 2011-04-01 2009-04-01 true Qualified enhanced oil recovery costs. 1.43-4...

  16. 26 CFR 1.43-4 - Qualified enhanced oil recovery costs.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... tangible property is used directly in a qualified enhanced oil recovery project and is essential to the... gas and water from the oil after it is produced are used directly in the project and are essential to... 26 Internal Revenue 1 2012-04-01 2012-04-01 false Qualified enhanced oil recovery costs. 1.43-4...

  17. 26 CFR 1.43-4 - Qualified enhanced oil recovery costs.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... tangible property is used directly in a qualified enhanced oil recovery project and is essential to the... gas and water from the oil after it is produced are used directly in the project and are essential to... 26 Internal Revenue 1 2013-04-01 2013-04-01 false Qualified enhanced oil recovery costs. 1.43-4...

  18. Legal Issues of Intellectual Property Rights and Licensing for E-Learning Content in the United Kingdom

    ERIC Educational Resources Information Center

    Mehrpouyan, Azadeh; Razavi, Ghassem Khadem

    2014-01-01

    This article focuses on the legal rules of intellectual property rights (IPR) in networked e-learning. Its purpose is to act as an awareness-raising device about IPR, especially in the public-sector e-learning community in the UK, by describing the relevant aspects of IPR, providing legal guidance on IPR in e-learning, especially on the use of…

  19. 36 CFR 908.13 - Rights of Qualified Persons.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 36 Parks, Forests, and Public Property 3 2011-07-01 2011-07-01 false Rights of Qualified Persons. 908.13 Section 908.13 Parks, Forests, and Public Property PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION... opportunities to occupy Newly Developed Space as opportunities become available. (b) As provided in §§ 908.14(d...

  20. 33 CFR 155.1026 - Qualified individual and alternate qualified individual.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... REGULATIONS FOR VESSELS Tank Vessel Response Plans for Oil § 155.1026 Qualified individual and alternate qualified individual. (a) The response plan must identify a qualified individual and at least one alternate... familiar with the implementation of the vessel response plan; and (4) Be trained in the responsibilities of...

  1. 33 CFR 155.1026 - Qualified individual and alternate qualified individual.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... REGULATIONS FOR VESSELS Tank Vessel Response Plans for Oil § 155.1026 Qualified individual and alternate qualified individual. (a) The response plan must identify a qualified individual and at least one alternate... familiar with the implementation of the vessel response plan; and (4) Be trained in the responsibilities of...

  2. 33 CFR 155.1026 - Qualified individual and alternate qualified individual.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... REGULATIONS FOR VESSELS Tank Vessel Response Plans for Oil § 155.1026 Qualified individual and alternate qualified individual. (a) The response plan must identify a qualified individual and at least one alternate... familiar with the implementation of the vessel response plan; and (4) Be trained in the responsibilities of...

  3. 33 CFR 155.1026 - Qualified individual and alternate qualified individual.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... REGULATIONS FOR VESSELS Tank Vessel Response Plans for Oil § 155.1026 Qualified individual and alternate qualified individual. (a) The response plan must identify a qualified individual and at least one alternate... familiar with the implementation of the vessel response plan; and (4) Be trained in the responsibilities of...

  4. A Marxist Analysis of the World Trade Organisation's Agreement on Trade-Related Aspects of Intellectual Property Rights

    ERIC Educational Resources Information Center

    Rikowski, Ruth

    2006-01-01

    This article examines the World Trade Organisation's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). There are many WTO Agreements, but TRIPS is likely to have significant implications for areas such as information, education and libraries. The article provides an overview of TRIPS in general. Various intellectual…

  5. 26 CFR 1.993-1 - Definition of qualified export receipts.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ...) Gross receipts. The term “gross receipts” is defined by section 993(f) and § 1.993-6. (4) Qualified export assets. The term “qualified export assests” is defined by section 993(b) and § 1.993-2. (5) Export property. The term “export property” is defined by section 993(c) and § 1.993-3. (6) Related person. The...

  6. Plants genetic manipulation: an approach from intellectual property.

    PubMed

    Ruiz, Anisley Negrin; Rivero, Lazaro Pino

    2013-01-01

    From the end of the 20th century the Biotechnology has experimented a vertiginous advance so far, putting on approval concepts like bio-security and bioethics; becoming this way, the work with the genome of the plants, in a matter is worthy to be reconsidered by the juridical mark that regulates it, in order to moderate the norm to the new scientific context. The Intellectual Property, when recognizing patent rights on products that have incorporate biological material, as well as to the obtainer about the new vegetable varieties obtained, could mean an obstacle that impedes or hinder the access from the society to that product or that variety. In the same way is worthy of consideration, the fact that such products or varieties can be a risk for the human health or the Environment, and a monopoly of commercial exploitation for the holder of the patent or of the obtainer certificate. This study is about this topic; and valuation about aspects of Biotechnology related with the genome of the plants and their juridical protection, in the international sand as well in Cuba.

  7. Inclusion in the Workforce for Students with Intellectual Disabilities: A Case Study of a Spanish Postsecondary Education Program

    ERIC Educational Resources Information Center

    Judge, Sharon; Gasset, Dolores Izuzquiza

    2015-01-01

    The Autonomous University of Madrid (UAM) is the first Spanish university to provide training to young people with intellectual disabilities (ID) in the university environment, which qualifies them for inclusion in the workforce. In this practice brief we describe the UAM-Prodis Patronage Chair program, a successful model used at Spanish…

  8. Learning, technology and intellectual property: a survey of the philosophies and preferences of our trainees and peers.

    PubMed

    Bedoya, Maria A; Back, Susan J; Scanlon, Mary H; Delgado, Jorge; Darge, Kassa; Reid, Janet R

    2016-12-01

    Increasing workloads threaten the quality of teaching in academic radiology practices. There is a wealth of unfiltered educational resources for radiology on the internet. As a digital native, today's radiology trainee may have differing opinions from teachers about learning and intellectual property. To identify the preferences and philosophies regarding learning, technology and intellectual property toward the future development of an innovative radiology curriculum. An electronic survey with 22 questions was sent to 2,010 members of the Society for Pediatric Radiology and 100 radiology trainees. Three hundred sixty-one of the 2,110 surveys were returned. All questions were completed in 342 surveys. Fifty-three respondents were trainees (residents and fellows) and 289 respondents were radiologists (teachers). Time needed for a single learning activity in both groups is <30 min, but teachers spend less time (P=0.007). The preferred learning environments were point-of-care and outside work hours for both groups. Ideal lecture durations were 31-45 min for trainees and 21-30 min for teachers (P=0.001). Adoption of new technology showed late majority and laggard trends for both groups (P=0.296). Interest in gadgets was greater in trainees (17%) than teachers (2%) (P<0.001). Interest in lecture recording was greater in trainees (84%) than teachers (61%) (P=0.008). More trainees (61%) than teachers (42%) would not charge money for educational materials (P=0.028); 27% versus 13%, respectively, disagreed with dissemination of those materials beyond the institution (P=0.013). While millennial trainees are adult learners with a stronger comfort with technology, learning styles of trainees and teachers are more similar than was previously believed. Trainees and teachers hold conflicting philosophies about intellectual property. Results herein speak favorably for revising our teaching portfolio to include practical learning materials of short duration available at point-of-care.

  9. Prima facie reasons to question enclosed intellectual property regimes and favor open-source regimes for germplasm

    PubMed Central

    Halpert, Madeleine-Thérèse; Chappell, M. Jahi

    2017-01-01

    In principle, intellectual property protections (IPPs) promote and protect important but costly investment in research and development. However, the empirical reality of IPPs has often gone without critical evaluation, and the potential of alternative approaches to lend equal or greater support for useful innovation is rarely considered. In this paper, we review the mounting evidence that the global intellectual property regime (IPR) for germplasm has been neither necessary nor sufficient to generate socially beneficial improvements in crop plants and maintain agrobiodiversity. Instead, based on our analysis, the dominant global IPR appears to have contributed to consolidation in the seed industry while failing to genuinely engage with the potential of alternatives to support social goods such as food security, adaptability, and resilience. The dominant IPR also constrains collaborative and cumulative plant breeding processes that are built upon the work of countless farmers past and present. Given the likely limits of current IPR, we propose that social goods in agriculture may be better supported by alternative approaches, warranting a rapid move away from the dominant single-dimensional focus on encouraging innovation through ensuring monopoly profits to IPP holders. PMID:28529703

  10. Prima facie reasons to question enclosed intellectual property regimes and favor open-source regimes for germplasm.

    PubMed

    Halpert, Madeleine-Thérèse; Chappell, M Jahi

    2017-01-01

    In principle, intellectual property protections (IPPs) promote and protect important but costly investment in research and development. However, the empirical reality of IPPs has often gone without critical evaluation, and the potential of alternative approaches to lend equal or greater support for useful innovation is rarely considered. In this paper, we review the mounting evidence that the global intellectual property regime (IPR) for germplasm has been neither necessary nor sufficient to generate socially beneficial improvements in crop plants and maintain agrobiodiversity. Instead, based on our analysis, the dominant global IPR appears to have contributed to consolidation in the seed industry while failing to genuinely engage with the potential of alternatives to support social goods such as food security, adaptability, and resilience. The dominant IPR also constrains collaborative and cumulative plant breeding processes that are built upon the work of countless farmers past and present. Given the likely limits of current IPR, we propose that social goods in agriculture may be better supported by alternative approaches, warranting a rapid move away from the dominant single-dimensional focus on encouraging innovation through ensuring monopoly profits to IPP holders.

  11. A Primer on Employment and Intellectual Property Law: Legal Guidance for Supervisors of Assessment and Institutional Research Staff

    ERIC Educational Resources Information Center

    Knight, William; Lugg, Elizabeth Timmerman

    2017-01-01

    Institutional research (IR) leaders rely on staff members to accomplish office missions and support institutional decisions. Like any supervisors in higher education, IR leaders must be familiar with a host of employment and intellectual property laws that guide the institution/employee relationship. This chapter offers insights into specific…

  12. Intellectual property, commercial needs and humanitarian benefits: must there be a conflict?

    PubMed

    Krattiger, Anatole

    2010-11-30

    'By far the best proof is experience,' wrote Francis Bacon. Given the experience of countries - both developing and developed - that have used intellectual property (IP), IP protection and IP management to stimulate innovation, there is ample proof that good IP management has benefited multitudes of people around the world with new technologies, products and services. Innovations in health and agriculture have greatly enriched lives. But does this experience apply to all countries? If the best proof is experience, then what can be said authoritatively about the effects of using IP systems wisely in developing countries? Copyright © 2010 Elsevier B.V. All rights reserved.

  13. Order Without Intellectual Property Law: Open Science in Influenza.

    PubMed

    Kapczynski, Amy

    Today, intellectual property (IP) scholars accept that IP as an approach to information production has serious limits. But what lies beyond IP? A new literature on "intellectual production without IP" (or "IP without IP") has emerged to explore this question, but its examples and explanations have yet to convince skeptics. This Article reorients this new literature via a study of a hard case: a global influenza virus-sharing network that has for decades produced critically important information goods, at significant expense, and in a loose-knit group--all without recourse to IP. I analyze the Network as an example of "open science," a mode of information production that differs strikingly from conventional IP, and yet that successfully produces important scientific goods in response to social need. The theory and example developed here refute the most powerful criticisms of the emerging "IP without IP" literature, and provide a stronger foundation for this important new field. Even where capital costs are high, creation without IP can be reasonably effective in social terms, if it can link sources of funding to reputational and evaluative feedback loops like those that characterize open science. It can also be sustained over time, even by loose-knit groups and where the stakes are high, because organizations and other forms of law can help to stabilize cooperation. I also show that contract law is well suited to modes of information production that rely upon a "supply side" rather than "demand side" model. In its most important instances, "order without IP" is not order without governance, nor order without law. Recognizing this can help us better ground this new field, and better study and support forms of knowledge production that deserve our attention, and that sometimes sustain our very lives.

  14. Intellectual Property Rights of Faculty in the Digital Age--Evolution or Dissolution in 21st Century Academia?

    ERIC Educational Resources Information Center

    Aaron, Lynn S.; Roche, Catherine M.

    2015-01-01

    Unforeseen forces are at work in higher education today. The purpose of this article is to explore the issues involved in the changing landscape. Decisions are and will be made that impact the intellectual property rights of faculty. It is important to be cognizant of the factors involved and alert to possible ramifications. The basics of the…

  15. Does Intellectual Property Restrict Output? An Analysis of Pharmaceutical Markets.

    PubMed

    Lakdawalla, Darius; Philipson, Tomas

    2012-02-01

    Standard normative analysis of intellectual property focuses on the balance between incentives for research and the static welfare costs of reduced price-competition from monopoly. However, static welfare loss from patents is not universal. While patents restrict price competition, they may also provide static welfare benefits by improving incentives for marketing, which is a form of non -price competition. We show theoretically how stronger marketing incentives mitigate, and can even offset, the static costs of monopoly pricing. Empirical analysis in the pharmaceutical industry context suggests that, in the short-run, patent expirations reduce consumer welfare as a result of decreased marketing effort. In the long-run, patent expirations do benefit consumers, but by 30% less than would be implied by the reduction in price alone. The social value of monopoly marketing to consumers alone is roughly on par with its costs to firms.

  16. Special Issue: Intellectual Property in the Information Age: Knowledge as Commodity and its Legal Implications for Higher Education

    ERIC Educational Resources Information Center

    Sun, Jeffrey C., Ed.; Baez, Benjamin, Ed.

    2009-01-01

    This monograph examines in great detail two kinds of intellectual property: copyrights and patents. Though the authors recognize the significance of trademarks and trade secrets, they focus primarily on copyrights and patents in this monograph because they represent the most significant issues in higher education in the information age.…

  17. Intellectual Property Development and Use for Distance Education Courses: A Review of Law, Organizations, and Resources for Faculty

    ERIC Educational Resources Information Center

    Nemire, Ruth E.

    2007-01-01

    Advancement of knowledge and progress in technology drives the need for protecting inventions, new ideas, writings, music, and other media. While abundant, intellectual property and copyright issues are not simple, and the United States has adopted multiple rules via treaties worldwide. Academia has been fortunate with regard to the freedom…

  18. 17 CFR 240.3b-8 - Definitions of “Qualified OTC Market Maker, Qualified Third Market Maker” and “Qualified Block...

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... Market Maker, Qualified Third Market Makerâ and âQualified Block Positionerâ. 240.3b-8 Section 240.3b-8... “Qualified Block Positioner”. For the purposes of Regulation U under the Act (12 CFR part 221): (a) The term... inventory turnover in such security. (c) The term Qualified Block Positioner means a dealer who (1) is a...

  19. [Intellectual property rights in Costa Rica in the light of the Biodiversity Convention].

    PubMed

    Salazar, R; Cabrera, J A

    1996-04-01

    This report analyzes intellectual property rights and acquisition of biological samples in light of the Biological Diversity Convention, with emphasis on Costa Rica. It examines the legal framework which exists for the protection of biological resources in this country, especially evaluating the law regarding protection of biota, which was approved in 1992. This includes information regarding access to genetic resources, and regulation for the aforementioned law. It examines the Biological Diversity Convention which was signed at the Rio Summit in 1992, whose objectives and goals, above all, emphasize the subject of distribution of benefits to be derived from the utilization of biological resources.

  20. Intellectual Capital.

    ERIC Educational Resources Information Center

    Snyder, Herbert W.; Pierce, Jennifer Burek

    2002-01-01

    This review focuses on intellectual capital and its relationship to information professionals. Discusses asset recognition; national practices and the acceptance of intellectual capital; definitions of intellectual capital; measuring intellectual capital, including multiple and single variable measures; managing intellectual capital; and knowledge…

  1. Does Intellectual Property Restrict Output? An Analysis of Pharmaceutical Markets*

    PubMed Central

    Lakdawalla, Darius; Philipson, Tomas

    2013-01-01

    Standard normative analysis of intellectual property focuses on the balance between incentives for research and the static welfare costs of reduced price-competition from monopoly. However, static welfare loss from patents is not universal. While patents restrict price competition, they may also provide static welfare benefits by improving incentives for marketing, which is a form of non-price competition. We show theoretically how stronger marketing incentives mitigate, and can even offset, the static costs of monopoly pricing. Empirical analysis in the pharmaceutical industry context suggests that, in the short-run, patent expirations reduce consumer welfare as a result of decreased marketing effort. In the long-run, patent expirations do benefit consumers, but by 30% less than would be implied by the reduction in price alone. The social value of monopoly marketing to consumers alone is roughly on par with its costs to firms. PMID:25221349

  2. 26 CFR 1.170A-14 - Qualified conservation contributions.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... other than a qualified mineral interest by reason of section 170(h)(2)(A) and this paragraph (b)(1) if... property may consist of an undivided interest in the property. But see section 170(h)(5)(A) and the... primarily or substantially for one of the conservation purposes specified in section 170(h)(4)(A) will be...

  3. The Sexuality of Adults with Intellectual Disability in Poland.

    PubMed

    Kijak, Remigiusz

    2013-06-01

    Sexuality is one of the most important aspects of human life that relates to sex, one's identification, sexual role, sexual preferences, eroticism, pleasure and intimacy. It fulfils such functions as procreative, hedonistic and relationship-building as well as constitutes an integral part of human's personality. The sexuality of people with intellectual disability is a special case - both from medical, pedagogical, psychological and ethical point of view. Little available research shows that it may become a significant factor that modifies their psychological and sexual functioning. The basic poll involved altogether 133 people with mild intellectual disability. The work was carried out in 11 schools and special institutions of three provinces in Poland: kujawsko - pomorskie, wielkopolskie and dolnośląskie (provinces of Kujavy and Pomerania, Great Poland and Lower Silesia) The respondents qualified to take part in the poll constituted a very uniform group - homogenous as regards their age of 18-25 as well as IQ level that was average for the people with higher degree of intellectual disability (HDID). Their age was of importance as in that life period one can observe the formation of first partner relationships with the clear aim of establishing a family. It is accompanied by a quick development of sexual desire and taking up various forms of sexual activity. People with intellectual disability don't form a homogenous group as regards their psychological and sexual development. In this group, one can observe both different forms of clinical mental handicap which definitely affects the whole process of sexual development. The sexual development is delayed by an average period of 3 years. The people with intellectual disability take up mostly autoerotic behaviour whereas partner relationships wthin that group are more seldom. The phenomenon of sexuality of people with higher degree of intellectual disability is an issue that needs further constant analysis. The

  4. What's yours, mine, and ours : overcoming intellectual property rights issues : a cross-cutting study : facilitating private-sector participation and expediting deployment

    DOT National Transportation Integrated Search

    2000-08-01

    Debate over the ownership and use of intellectual property developed jointly by the public and private sectors has caused delays in ITS deployment projects. While a fundamental business incentive of the private sector for investing in research and de...

  5. Antiepileptic Drugs with Mood Stabilizing Properties and Their Relation with Psychotropic Drug Use in Institutionalized Epilepsy Patients with Intellectual Disability

    ERIC Educational Resources Information Center

    Leunissen, C. L. F.; de la Parra, N. M.; Tan, I. Y.; Rentmeester, Th. W.; Vader, C. I.; Veendrick-Meekes, M. J. B. M.; Aldenkamp, A. P.

    2011-01-01

    A large number of patients with epilepsy and intellectual disability take medication, amongst which antiepileptic and psychotropic drugs, often simultaneously. Certain antiepileptic drugs have mood-stabilizing properties, e.g. carbamazepine, valproic acid and lamotrigine. The aim of this study was to investigate whether the use of these…

  6. The impact of the legal regime of intellectual property protection in the pharmaceutical market.

    PubMed

    Pashkov, Vitaliy M; Golovanova, Iryna A; Olefir, Andrii A

    the functioning of the healthcare industry in any country is impossible without providing enough medicines for patient care. This problem can best be resolved only when the majority of drugs, especially vital, will be made at national plants (industry). In this context, competition from generic drugs is the most optimal strategy to reduce drug's prices. the paper should examine how the legal regime of intellectual property affects the availability of medicines for people and identify ways of supporting breakthrough inventions and counter ≪unreal innovations≫. for the purpose of study were generalized information from the scientific journals of medical and legal perspective, monographs by using a set of scientific methods. Namely under systematic approach have been analyzed the problems of pharmaceutical market, ways of producing generic and original drugs. Comparative legal method was useful for learning features of flexible mechanisms of the TRIPS Agreement and market regulation of medicines in the world. based on the research was found that developed countries with strong pharmaceutical industry are interested in maximizing the protection of intellectual property rights, including importing countries. Flexible mechanisms of the TRIPS Agreement can be useful for developing countries. thus, successful development of pharmaceutical industry and health care should be accompanied by the following measures: - improvement of public health must be recognized as a main task of government policy; - substantial state support aimed at increasing the availability of drugs in the domestic market and the strengthening of export potential; - decrease patent protection of medicines and stimulate market launch of generic copies.

  7. The impact of the legal regime of intellectual property protection in the pharmaceutical market.

    PubMed

    Pashkov, Vitaliy M; Golovanova, Iryna A; Olefir, Andrii A

    2016-01-01

    the functioning of the healthcare industry in any country is impossible without providing enough medicines for patient care. This problem can best be resolved only when the majority of drugs, especially vital, will be made at national plants (industry). In this context, competition from generic drugs is the most optimal strategy to reduce drug's prices. the paper should examine how the legal regime of intellectual property affects the availability of medicines for people and identify ways of supporting breakthrough inventions and counter ≪unreal innovations≫. for the purpose of study were generalized information from the scientific journals of medical and legal perspective, monographs by using a set of scientific methods. Namely under systematic approach have been analyzed the problems of pharmaceutical market, ways of producing generic and original drugs. Comparative legal method was useful for learning features of flexible mechanisms of the TRIPS Agreement and market regulation of medicines in the world. based on the research was found that developed countries with strong pharmaceutical industry are interested in maximizing the protection of intellectual property rights, including importing countries. Flexible mechanisms of the TRIPS Agreement can be useful for developing countries. thus, successful development of pharmaceutical industry and health care should be accompanied by the following measures: - improvement of public health must be recognized as a main task of government policy; - substantial state support aimed at increasing the availability of drugs in the domestic market and the strengthening of export potential; - decrease patent protection of medicines and stimulate market launch of generic copies.

  8. Impact of the trade-related aspects of intellectual property rights (TRIPS) agreement on India as a supplier of generic antiretrovirals.

    PubMed

    Babovic, Sonja; Wasan, Kishor M

    2011-03-01

    This is a commentary on how the trade-related aspects of intellectual property rights (TRIPS) agreement has impacted India as a supplier of generic antiretrovirals (ARVs). We provide a systematic review of the issues related to the TRIPS agreement that affects India. This includes discussion around (a) the legal landscape underpinning India as a supplier of generic ARVs; (b) supply of second-line ARVs; and (c) the future of generic drug production in India. The proclamation into force of TRIPS-compliant intellectual property law in India is likely to affect its position as a supplier of affordable ARVs, especially drugs brought to market after 2005. Currently, mechanisms exist for the generic production of almost all ARVs in India, including second-line drugs; however, the manufacture of these drugs by generic pharmaceutical companies may require additional market incentives. Compulsory licensing may emerge as an additional mechanism by which India can provide affordable versions of patented drugs to Least Developed Countries (LDCs). Copyright © 2010 Wiley-Liss, Inc.

  9. 75 FR 30060 - China: Effects of Intellectual Property Infringement and Indigenous Innovation Policies on the U...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-05-28

    ...Following receipt of a request from the United States Senate Committee on Finance (Committee) dated April 19, 2010, the U.S. International Trade Commission (Commission) instituted investigation No. 332-519, China: Effects of Intellectual Property Infringement and Indigenous Innovation Policies on the U.S. Economy, for the purpose of preparing the second of two reports requested by the Committee, and has scheduled a public hearing in connection with investigations relating to both reports for June 15-16, 2010.

  10. Global Perspective for Protecting Intellectual Property - Patenting in USA and Poland

    NASA Astrophysics Data System (ADS)

    Grebski, Michalene Eva; Wolniak, Radosław

    2018-06-01

    Paper addresses the different methods for protecting intellectual property in modern knowledge-based economies. The focus of the paper is a comparison between the procedures for applying for patents in Poland and the United States. The comparison has been made from the perspective of the cost of obtaining and maintaining a patent in Poland, the United States and some other countries. The comparison has also been made from the perspective of the procedures for applying for a patent in different countries based on the Patent Cooperation Treaty. The paper also includes a comparison of the time needed for processing the patent application. Low cost provisional twelve-month patent pending protection available in the United States is also being discussed. The paper also provides some guidance and recommendations for conducting a patent search in order to validate the originality of the invention.

  11. The interaction between intellectual property and drug regulatory systems: global perspectives.

    PubMed

    Madden, Edward A

    2007-02-01

    Regulatory compliance in the development, production and sale of new drugs accounts for the largest single expense in bringing a drug product to market. To justify developmental and regulatory compliance costs, drug innovators turn to the intellectual property (IP) system to provide a means for securing returns on investment. Because the drug regulatory system in most countries operates in isolation of the IP system, one of the greatest challenges facing the pharmaceutical industry is the extent to which IP rights can be managed against an independent drug regulatory system. Many regulatory bodies in developed countries have sought to ensure a compromise between the rights of generic companies and IP owners by including safeguards in the regulatory framework, such as patent linking and data protection; however, these efforts are yet to be applied in some of the biggest potential drug markets in emerging economies.

  12. Statement of Roger B. Andewelt, Deputy Assistant Attorney General, Antitrust Division, before the Subcommittee on Monopolies and Commercial Law Committee on the Judiciary, House of Representatives, concerning H.R. 557, Intellectual Property Licensing Legislation.

    ERIC Educational Resources Information Center

    Andewelt, Roger B.

    The recent increased awareness of the importance to our economy of innovation and the development of new technologies has been coupled with the crafting of new legislation to increase the level of intellectual property protection available to innovators. Because one of the key methods of encouraging the efficient use of intellectual property is…

  13. 42 CFR 495.204 - Incentive payments to qualifying MA organizations for qualifying MA-EPs and qualifying MA...

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... methodological proposal for estimating the portion of each qualifying MA EP's salary or revenue attributable to... enrollees of the MA organization in the payment year. The methodological proposal— (i) Must be approved by... account for the MA-enrollee related Part B practice costs of the qualifying MA EP. (iii) Methodological...

  14. 42 CFR 495.204 - Incentive payments to qualifying MA organizations for qualifying MA-EPs and qualifying MA...

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... methodological proposal for estimating the portion of each qualifying MA EP's salary or revenue attributable to... enrollees of the MA organization in the payment year. The methodological proposal— (i) Must be approved by... account for the MA-enrollee related Part B practice costs of the qualifying MA EP. (iii) Methodological...

  15. 26 CFR 1.465-27 - Qualified nonrecourse financing.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... partnership; incidental property. (i) X is a limited liability company that is classified as a partnership for.... (i) UTP1 and UTP2, both limited liability companies classified as partnerships, are the only general... as qualified nonrecourse financing. (4) Partnership liability. For purposes of section 465(b)(6) and...

  16. Patents, innovation, and privatization: Commentary on: "Data management in academic settings: an intellectual property perspective".

    PubMed

    Albin, Ramona C

    2010-12-01

    The framers of the U.S. Constitution believed that intellectual property rights were crucial to scientific advancement. Yet, the framers also recognized the need to balance innovation, privatization, and public use. The courts' expansion of patent protection for biotechnology innovations in the last 30 years raises the question whether the patent system effectively balances these concerns. While the question is not new, only through a thorough and thoughtful examination of these issues can the current system be evaluated. It is then a policy decision for Congress if any change is necessary.

  17. Poverty, health & intellectual property rights with special reference to India.

    PubMed

    Satyanarayana, K; Srivastava, S

    2007-10-01

    This paper examines the nexus between poverty and global health with specific focus on IPR protection and attempts to highlight the current global endeavours to overcome barriers to access to medicines for diseases of the poor. The number of very poor people in the world has increased by 10.4 per cent between 1987 and 2001 to 2735 million. India is now home to the largest number of millionaires in the developing countries. But over 800 million Indians who still survive on Rs 20.0 (US$0.5) a day, and rural poverty is on the rise. The link between poverty and health is well established with the underprivileged are more vulnerable to major health risks due to poor nutrition, inadequate access to clean drinking water, sanitation, exposure to indoor smoke, etc. all of which contribute to the huge and growing burden of disease in the poor countries. The global disease burden is not just huge but growing: over 10 million children die of preventable conditions including vaccine-preventable diseases, about 14 million are killed by infectious diseases every year, 90-95 per cent in poor countries. An estimated third of global population has limited or no access to essential medicines. While the number of poor and unhealthy is growing, Government expenditure on health is dwindling. Many of the diseases of the poor require new medicines and none are forthcoming as there is little R&D for these infections. There are several barriers to access to existing and the newly discovered drugs. One major reason is the general lack of interest by the pharma industry to discover new medicines for diseases of the poor due to very limited market in developing countries. In addition, global intellectual property rights (IPR) protection regimes like the Trade Related Intellectual Property Rights (TRIPS) are considered a major obstacle for the poor access to medicines. There have been some global initiatives on the need to improve affordability and accessibility of medicines. Some strategies to

  18. Intellectual Property Law Confers Rights in Respect of Online Distance Education, yet Most Learning Resources Are Still Free--Truth or Fiction?

    ERIC Educational Resources Information Center

    Mann, Bruce L.

    2009-01-01

    Educational technologists might well describe online distance education as "a series of instructional events over the Internet that find their expression as learning events in a student". As a legal construct however, "online distance education" is simply "the intellectual property of its owner". This description is…

  19. Validation of the Chinese version of the dementia screening questionnaire for individuals with intellectual disabilities (DSQIID-CV).

    PubMed

    Li, R S Y; Kwok, H W M; Deb, S; Chui, E M C; Chan, L K; Leung, D P K

    2015-04-01

    An increasing number of people with intellectual disabilities (ID) are at risk of developing age-related disorders such as dementia because of a dramatic increase in life expectancy in this population in the recent years. There is no validated dementia screening instrument for Chinese people with ID. The Dementia Screening Questionnaire for Individuals with Intellectual Disabilities (DSQIID) was reported to be a valid, user-friendly, easy-to-use observer-rated instrument. It was developed in the UK and has good psychometric properties. Validation of a Chinese version of the DSQIID will facilitate its application among the Chinese population. The DSQIID was translated into the Chinese version (DSQIID-CV). By purposive sampling, service users with ID aged 40 years or over were recruited through two large centres serving adults with ID in Hong Kong. Carers who had taken care of the participants continuously for the past 6 months were invited to complete the DSQIID-CV. All participants were examined by qualified psychiatrists to determine the presence or absence of dementia. Two hundred people with ID whose age ranged between 40 and 73 years (mean 51 years, SD=7.34 years) were recruited to the study. A clinical diagnosis of dementia was established in 13 participants. An overall total score of 22 as a screening cut-off provided the optimum levels of specificity (0.995) and sensitivity (0.923). The DSQIID-CV showed good internal consistency (alpha=0.945) for all its 53 items, and excellent test-retest reliability (0.978, n=46) and inter-rater reliability (1.000, n=47). Exploratory factor analysis resulted in a four-factor solution explaining 45% of the total variance. The DSQIID-CV is shown to have robust psychometric properties. It is the first valid and reliable dementia screening instrument for Chinese adults with ID. © 2014 MENCAP and International Association of the Scientific Study of Intellectual and Developmental Disabilities and John Wiley & Sons Ltd.

  20. Balancing public health, trade and intellectual monopoly privileges: recent Australian IP legislation and the TPPA.

    PubMed

    Vines, Tim; Crow, Kim; Faunce, Thomas

    2012-12-01

    Over the past year, several significant reforms to Australia's intellectual property regime have been proposed and passed by Parliament. The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth) made various improvements to Australian patent law, including an improved threshold for patentability, greater clarity around "usefulness" requirements, and the introduction of an experimental use exemption from infringement. Another Bill, the Intellectual Property Laws Amendment Bill 2012 (Cth), currently out for public consultation, would implement a 2003 decision of the World Trade Organisation (WTO) General Council and the 2005 Doha Declaration on the TRIPS Agreement and Public Health (Doha Declaration). If enacted, this Bill would facilitate equitable access to essential medicines by amending the compulsory licensing regime set out in the Patents Act 1990 (Cth). The underlying intention of this Bill--meeting public health goals outlined in the 2005 Doha Declaration--stands in juxtaposition to proposed reforms to intellectual property standards pursuant to the Trans-Pacific Partnership Trade and Investment Agreement (TPPA) that Australia is involved in. Although at a preliminary stage, leaked drafts of relevant intellectual property provisions in the TPPA suggest a privileging of patent monopoly privileges over public health goals. This column weighs the sentiments of the proposed Bill against those of the proposed provisions in the TPPA.

  1. Attachment in Adults with Intellectual Disabilities: Preliminary Investigation of the Psychometric Properties of the Manchester Attachment Scale-Third Party Observational Measure

    ERIC Educational Resources Information Center

    Penketh, Victoria; Hare, Dougal Julian; Flood, Andrea; Walker, Samantha

    2014-01-01

    Background: The Manchester Attachment Scale-Third party observational measure (MAST) was developed to assess secure attachment style for adults with intellectual disabilities. The psychometric properties of the MAST were examined. Materials and Methods: Professional carers (N = 40) completed the MAST and measures related to the construct of…

  2. Psychometric Properties of Spanish Adaptation of the PDD-MRS Scale in Adults with Intellectual Developmental Disorders: The EVTEA-DI Scale

    ERIC Educational Resources Information Center

    Cortés, Maria José; Orejuela, Carmen; Castellví, Gemma; Folch, Annabel; Rovira, Lluís; Salvador-Carulla, Luis; Irazábal, Marcia; Muñoz, Silvia; Haro, Josep Maria; Vilella, Elisabet; Martínez-Leal, Rafael

    2018-01-01

    Strategies for the early detection of autism spectrum disorders (ASD) in people with intellectual developmental disorder (IDD) are urgently needed, but few specific tools have been developed. The present study examines the psychometric properties of the EVTEA-DI, a Spanish adaptation of the PDD-MRS, in a large randomized sample of 979 adults with…

  3. Non-Academic Jobs for Fellows in Law Firms, Patent and Trademark Office and Scientific Intellectual Property | Center for Cancer Research

    Cancer.gov

    This workshop helps CCR fellows and staff scientists learn about and better position themselves for potential job opportunities at law firms, patent and trademark, and intellectual property protection across the biotechnology and pharmaceutical industries. Guest speakers will shed light on how to best position yourself for obtaining these types of positions and how to improve

  4. An overview of a recent court challenge to the protection of biomarkers as intellectual property.

    PubMed

    Hall, Stephen C; Tromp, Justin M; Jortani, Saeed A

    2011-05-12

    We present an intellectual property case in the United States to demonstrate the recent developments concerning patenting novel biomarker discoveries. A court struck down several patents owned by Myriad Genetics, which were related to breast cancer (BRCA1 and BRCA2). This decision can affect patent eligibility for inventions related to biomarkers, particularly genetic biomarkers. The court proceedings for the Myriad Genetics case were reviewed by two patent attorneys (SCH and JMT). Relevant discussions applicable to the scientist involved with biomarker discovery were also prepared. In this case, the Plaintiff had argued that the analysis and comparison of various gene mutations merely involved natural phenomena, and, therefore, could not be eligible for patent protection. The patent holder (Myriad) argued that the claimed gene compositions did not exist in nature, and that the claimed methods provided practical utility for science and medicine. The Court held that the patent claims did not meet patent eligibility requirements under United States patent law. It held that the patent claims at issue were merely abstract mental processes of analyzing and comparing gene sequences, and that such abstract mental processes are not patentable. On June 22, 2010, Myriad appealed the ruling. This case provides guidance to inventors in the biomarker field who may be interested in obtaining intellectual property protection for their inventive work, as well as their patent counsel. However, the case also presented unique factors that may not be present in all situations involving biomarker patents. Copyright © 2011 Elsevier B.V. All rights reserved.

  5. 29 CFR 2550.408e - Statutory exemption for acquisition or sale of qualifying employer securities and for acquisition...

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... or sale by a plan of qualifying employer securities (as defined in section 407(d)(5) of the Act), or any acquisition, sale or lease by a plan of qualifying employer real property (as defined in section... 29 Labor 9 2010-07-01 2010-07-01 false Statutory exemption for acquisition or sale of qualifying...

  6. Functional properties of behaviour problems depending on level of intellectual disability.

    PubMed

    Medeiros, K; Rojahn, J; Moore, L L; van Ingen, D J

    2014-02-01

    Behaviour problems are common among individuals with intellectual disabilities (ID) especially in those with more severe forms. The determination of the functional profile of a targeted behaviour has important implications for the design of customised behavioural interventions. We investigated the relationship between the level of ID and the functional profile of aggression, stereotypy and self-injurious behaviour (SIB) using the Questions about Behavioural Function (QABF). Two staff members at two time points completed the QABF for each of 115 adults with varying levels of ID participating in a day training and habilitation programme. Our results suggest that there is a differential relationship between the functions of behaviour problems and level of ID. While SIB is more often seen by raters to be maintained by escape of social demands and by attaining access to tangible items with the decline of the intellectual level, aggressive and stereotypic behaviours were identified more often as serving multiple functions equally across functioning level. © 2013 The Authors. Journal of Intellectual Disability Research © 2013 John Wiley & Sons Ltd, MENCAP & IASSIDD.

  7. [Intellectual property, patents and access to medication in developing countries].

    PubMed

    Esteve, E

    2001-01-01

    Pharmaceutical industry depends on continuing research and innovation to survive. This is a highly uncertain process due to the fact that only one in 20,000 screened molecules becomes a new and effective medicine. This process takes about 10 years to complete at a cost of e 480,000 per new compound. It is absolutely mandatory that intellectual property rights be protected in order to allow for investment of revenues in research and development of new medicines destined to cure or alleviate all types of disease, including those mainly afflicting the population in developing countries. The investigative drive of pharmaceutical companies has given the sector a leadership role in the search for global health. This is a responsibility the sector acknowledges and for that reason numerous laboratories are active partners of governments, private foundations, international organizations and N.G.O.s in a myriad of initiatives focused on alleviating most urgent health needs in developing countries. However, the true and final solution of this problem will only be accomplished when the social and political issues plagueing these societies are tackled.

  8. Managing severe acute respiratory syndrome (SARS) intellectual property rights: the possible role of patent pooling.

    PubMed Central

    Simon, James H. M.; Claassen, Eric; Correa, Carmen E.; Osterhaus, Albert D. M. E.

    2005-01-01

    Patent applications that incorporate the genomic sequence of the severe acute respiratory syndrome (SARS) coronavirus, have been filed by a number of organizations. This is likely to result in a fragmentation of intellectual property (IP) rights which in turn may adversely affect the development of products, such as vaccines, to combat SARS. Placing these patent rights into a patent pool to be licensed on a non-exclusive basis may circumvent these difficulties and set a key precedent for the use of this form of mechanism in other areas of health care, leading to benefits to public health. PMID:16211163

  9. Let's Get Small: An Introduction to Transitional Issues in Nanotech and Intellectual Property.

    PubMed

    Koepsell, David

    2009-08-01

    Much of the discussion regarding nanotechnology centers around perceived and prosphesied harms and risks. While there are real risks that could emerge from futuristic nanotechnology, there are other current risks involved with its development, not involving physical harms, that could prevent its full promise from being realized. Transitional forms of the technology, involving "microfab," or localized, sometimes desk-top, manufacture, pose a good opportunity for case study. How can we develop legal and regulatory institutions, specifically centered around the problems of intellectual property, that both stimulate innovation, and make the best possible use of what will eventually be a market in "types" rather than "tokens"? This paper argues that this is the most critical, current issues facing nanotechnology, and suggests a manner to approach it.

  10. Measuring symptoms of post-traumatic stress disorder in people with intellectual disabilities: the development and psychometric properties of the Impact of Event Scale-Intellectual Disabilities (IES-IDs).

    PubMed

    Hall, James C; Jobson, Laura; Langdon, Peter E

    2014-09-01

    The aims of the study were to (1) revise the Impact of Event Scale-Revised for use with people with intellectual disabilities (IDs), creating the Impact of Event Scale-Intellectual Disabilities (IES-IDs), (2) assess the reliability of the IES-IDs, and (3) compare the IES-IDs to an existing measure trauma-related symptomatology, namely the Lancaster and Northgate Trauma Scale (LANTS), along with measures of anxiety and depression. Forty adults with IDs who had experienced at least one traumatic event were recruited and completed the IES-IDs and the LANTS on two occasions, separated by 2 weeks. Participants also completed the Glasgow Depression Scale and the Glasgow Anxiety Scale, along with the Trauma Information Form which was used to collect information about trauma history. Fifteen per cent of the sample had encountered five or more traumatic events. The IES-IDs and the LANTS had good to excellent internal consistency and test-retest reliability. Both measures correlated with self-report measures of depression and anxiety, although the strength of this correlation was greater with the LANTS. There was a significant positive correlation between trauma frequency and the IES-IDs, while trauma frequency did not correlate with the LANTS. Both the IES-IDs and the LANTS appear to have good reliability. There is a lack of well-developed questionnaires that can be used to assess symptoms of post-traumatic stress disorder (PTSD) in people with intellectual disabilities. The Impact of Event Scale-Revised was augmented creating the Impact of Event Scale-Intellectual Disabilities (IES-IDs). The IES-IDs was shown to have good psychometric properties. The IES-IDs was compared to the Lancaster and Northgate Trauma Scale (LANTS), but the LANTS did not correlate with trauma frequency. However, this study had a small sample size, and a much larger study is needed to examine the factor structure of both the IES-IDs and the LANTS. Future studies should attempt to recruit people with

  11. 20 CFR 302.3 - Qualifying conditions.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 20 Employees' Benefits 1 2010-04-01 2010-04-01 false Qualifying conditions. 302.3 Section 302.3 Employees' Benefits RAILROAD RETIREMENT BOARD REGULATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT QUALIFIED EMPLOYEE § 302.3 Qualifying conditions. (a) Basic requirements. To qualify for benefits with...

  12. 20 CFR 302.3 - Qualifying conditions.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 20 Employees' Benefits 1 2011-04-01 2011-04-01 false Qualifying conditions. 302.3 Section 302.3 Employees' Benefits RAILROAD RETIREMENT BOARD REGULATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT QUALIFIED EMPLOYEE § 302.3 Qualifying conditions. (a) Basic requirements. To qualify for benefits with...

  13. 20 CFR 302.3 - Qualifying conditions.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 20 Employees' Benefits 1 2014-04-01 2012-04-01 true Qualifying conditions. 302.3 Section 302.3 Employees' Benefits RAILROAD RETIREMENT BOARD REGULATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT QUALIFIED EMPLOYEE § 302.3 Qualifying conditions. (a) Basic requirements. To qualify for benefits with...

  14. 20 CFR 302.3 - Qualifying conditions.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 20 Employees' Benefits 1 2013-04-01 2012-04-01 true Qualifying conditions. 302.3 Section 302.3 Employees' Benefits RAILROAD RETIREMENT BOARD REGULATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT QUALIFIED EMPLOYEE § 302.3 Qualifying conditions. (a) Basic requirements. To qualify for benefits with...

  15. 20 CFR 302.3 - Qualifying conditions.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 20 Employees' Benefits 1 2012-04-01 2012-04-01 false Qualifying conditions. 302.3 Section 302.3 Employees' Benefits RAILROAD RETIREMENT BOARD REGULATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT QUALIFIED EMPLOYEE § 302.3 Qualifying conditions. (a) Basic requirements. To qualify for benefits with...

  16. Pragmatism and Feminism as Qualified Relativism.

    ERIC Educational Resources Information Center

    Thayer-Bacon, Barbara

    2003-01-01

    Explores pragmatism's association with relativism in order to highlight how aspects of the classis pragmatists' positions support qualified relativism. Addresses qualified relativism and the characteristics of qualified relativists. States that qualified relativists can claim roots to their position in Peirce, James, and Dewey, some of the…

  17. Intellectual property rights, benefit-sharing and development of "improved traditional medicines": A new approach.

    PubMed

    Willcox, Merlin; Diallo, Drissa; Sanogo, Rokia; Giani, Sergio; Graz, Bertrand; Falquet, Jacques; Bodeker, Gerard

    2015-12-24

    Protection of intellectual property rights and benefit-sharing are key issues for all ethnopharmacological research. The International Society of Ethnobiology has produced helpful guidelines on access and benefit-sharing which are widely viewed as a "gold standard" but the question remains how best to apply these guidelines in practice. Difficult questions include ownership of traditional knowledge, making appropriate agreements, and how appropriately to share benefits. We present the case study of the development of an "improved traditional medicine" for malaria in Mali and we report how benefit-sharing was applied in this case. The knowledge about the selected plant came independently from several families and traditional healers. The IPR approach was to recognise that this traditional knowledge belongs to the people of Mali and was used for their benefit in developing a new "improved traditional medicine" (ITM). The traditional healer whose method of preparation was used, and who collaborated in clinical trials, did not request any financial reward but asked for the ITM to be named after him. The most sustainable benefit for the community was sharing the results of which preparation of which medicinal plant seemed to be the most effective for treating malaria. Attempts at providing a health centre and training a health worker for the village did not prove to be sustainable. Respect for intellectual property rights and benefit-sharing are possible even in a context where the knowledge is not owned by a clearly identified person or group of people. The most sustainable benefits are intangible rather than material: namely recognition, improved knowledge about which traditional treatment is the best and how to prepare and take it. Copyright © 2015 Elsevier Ireland Ltd. All rights reserved.

  18. 42 CFR 435.116 - Qualified pregnant women and children who are not qualified family members.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 42 Public Health 4 2011-10-01 2011-10-01 false Qualified pregnant women and children who are not... Categorically Needy Mandatory Coverage of Pregnant Women, Children Under 8, and Newborn Children § 435.116 Qualified pregnant women and children who are not qualified family members. (a) The agency must provide...

  19. 42 CFR 435.116 - Qualified pregnant women and children who are not qualified family members.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 42 Public Health 4 2010-10-01 2010-10-01 false Qualified pregnant women and children who are not... Categorically Needy Mandatory Coverage of Pregnant Women, Children Under 8, and Newborn Children § 435.116 Qualified pregnant women and children who are not qualified family members. (a) The agency must provide...

  20. 42 CFR 435.116 - Qualified pregnant women and children who are not qualified family members.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 42 Public Health 4 2012-10-01 2012-10-01 false Qualified pregnant women and children who are not... Categorically Needy Mandatory Coverage of Pregnant Women, Children Under 8, and Newborn Children § 435.116 Qualified pregnant women and children who are not qualified family members. (a) The agency must provide...

  1. Digital Dilemma: Intellectual Property [and] The ERCIM Technical Reference Digital Library [and] International Information Gateway Collaboration [and] The Standards Fora for Online Education.

    ERIC Educational Resources Information Center

    Gladney, Henry M.; Andreoni, Antonella; Baldacci, Maria Bruna; Biagioni, Stefania; Carlesi, Carlo; Castelli, Donatella; Pagano, Pasquale; Peters, Carol; Pisani, Serena; Dempsey, Lorcan; Gardner, Tracy; Day, Michael; van der Werf, Titia; Bacsich, Paul; Heath, Andy; Lefrere, Paul; Miller, Paul; Riley, Kevin

    1999-01-01

    Includes four articles that discuss the impact of the emerging digital information infrastructure on intellectual property; the implementation of a digital library for a European consortium of national research institutions; an international information gateway collaboration; and developing standards for the description and sharing of educational…

  2. Evaluation of possibility to increasing sustainability of high-rise buildings through use university intellectual property

    NASA Astrophysics Data System (ADS)

    Potekhin, Igor; Mischenko, Valeryi; Mottaeva, Angela; Zheltenkov, Alexander

    2018-03-01

    In this article explained approach of valuation of intellectual property of Voronezh State Technical University, as her usefulness to increasing the sustainability and ecological safety of high-rise building. High-rise building is main type of buildings in modern cities. They include large volume of material mass, high volume of energy using and high volume of emissions. Using innovation solutions to improving ecology safety of high-rise buildings has large potential to city in whole. Explained in the article methods of calculation of effects helps to value sustainable solutions of present and future generations. Thus usefulness of patents express through usefulness regarding to high-rise building, including for sustainable development.

  3. Intellectual property rights, market competition and access to affordable antiretrovirals.

    PubMed

    Pascual, Fernando

    2014-01-01

    The number of patients receiving antiretroviral therapy (ART) has increased from around half a million in 2003 to almost 10 million in only 10 years, and will continue to increase in the coming years. Over 16 million more are eligible to start ART according to the last World Health Organization (WHO) guidelines. The demand is also switching from the less expensive antiretrovirals (ARVs) that allowed such scale-up to newer more expensive ones with fewer side effects or those that can be used by people who have developed resistance to first-line treatment. However, patents on these new drugs can delay robust generic competition and, consequently, price reduction made possible by economies of scale. Various ways to address this issue have been envisaged or implemented, including the use of the flexibilities available under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), systematic widespread voluntary licensing, of which the Medicines Patent Pool (MPP) is an example, and the application of different prices in different countries, called tiered pricing. This paper helps explain the impact of patents on market competition for ARVs and analyses various approaches available today to minimize this impact.

  4. Intellectual property and networked health information: issues and principles.

    PubMed

    Cate, F H

    1996-04-01

    Information networks offer enormous potential for improving the delivery of health care services, facilitating health-related decision-making, and contributing to better health. In addition, advanced information technologies offer important opportunities for new markets, targeted information products and services, greater accessibility, lower costs and prices, and more rapid and efficient distribution. Realizing the full potential of those information resources requires the resolution of significant intellectual property issues, some of which may be affected by special features of health information. For example, the government is a significant funder and originator of health-related information. In addition, much of that information is of great importance to the population and benefits not only individual users, but also employers, insurance companies, the government, and society as a whole. The government must therefore continue to provide particularly important health information to the public, and facilitate that information's accessibility and reliability, while avoiding unnecessary competition with private information providers. Congress and courts must modify or interpret current copyright law as necessary to guarantee that it does not interfere with innovation in tailored health information or exceed its constitutional boundaries and restrict access to information, as opposed to expression. Both producers and users of information must work with the government to educate the public about the availability of health information and the rights of and limitations upon users under copyright law.

  5. Intellectual property and networked health information: issues and principles.

    PubMed Central

    Cate, F H

    1996-01-01

    Information networks offer enormous potential for improving the delivery of health care services, facilitating health-related decision-making, and contributing to better health. In addition, advanced information technologies offer important opportunities for new markets, targeted information products and services, greater accessibility, lower costs and prices, and more rapid and efficient distribution. Realizing the full potential of those information resources requires the resolution of significant intellectual property issues, some of which may be affected by special features of health information. For example, the government is a significant funder and originator of health-related information. In addition, much of that information is of great importance to the population and benefits not only individual users, but also employers, insurance companies, the government, and society as a whole. The government must therefore continue to provide particularly important health information to the public, and facilitate that information's accessibility and reliability, while avoiding unnecessary competition with private information providers. Congress and courts must modify or interpret current copyright law as necessary to guarantee that it does not interfere with innovation in tailored health information or exceed its constitutional boundaries and restrict access to information, as opposed to expression. Both producers and users of information must work with the government to educate the public about the availability of health information and the rights of and limitations upon users under copyright law. PMID:8826629

  6. 7 CFR 1150.109 - Qualified program.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... AGREEMENTS AND ORDERS; MILK), DEPARTMENT OF AGRICULTURE DAIRY PROMOTION PROGRAM Dairy Promotion and Research Order Definitions § 1150.109 Qualified program. Qualified program means any dairy product promotion, research or nutrition education program which is certified as a qualified program pursuant to § 1150.153...

  7. 7 CFR 1150.109 - Qualified program.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... Agreements and Orders; Milk), DEPARTMENT OF AGRICULTURE DAIRY PROMOTION PROGRAM Dairy Promotion and Research Order Definitions § 1150.109 Qualified program. Qualified program means any dairy product promotion, research or nutrition education program which is certified as a qualified program pursuant to § 1150.153...

  8. 7 CFR 1150.109 - Qualified program.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... AGREEMENTS AND ORDERS; MILK), DEPARTMENT OF AGRICULTURE DAIRY PROMOTION PROGRAM Dairy Promotion and Research Order Definitions § 1150.109 Qualified program. Qualified program means any dairy product promotion, research or nutrition education program which is certified as a qualified program pursuant to § 1150.153...

  9. 26 CFR 1.936-10 - Qualified investments.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 26 Internal Revenue 10 2011-04-01 2011-04-01 false Qualified investments. 1.936-10 Section 1.936... (CONTINUED) INCOME TAXES (CONTINUED) Possessions of the United States § 1.936-10 Qualified investments. (a) In general. [Reserved] (b) Qualified investments in Puerto Rico. [Reserved] (c) Qualified investment...

  10. 26 CFR 26.2652-2 - Special election for qualified terminable interest property.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... executor) may elect to treat the trust as two separate trusts, one of which has a zero inclusion ratio by... leaving $4 million in trust for the benefit of T's surviving spouse, S. On January 16, 1995, T's executor filed T's Form 706 on which the executor elects to treat the entire trust as qualified terminable...

  11. 7 CFR 4290.110 - Qualified management.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 7 Agriculture 15 2012-01-01 2012-01-01 false Qualified management. 4290.110 Section 4290.110... Qualifications for the RBIC Program Organizing A Rbic § 4290.110 Qualified management. Link to an amendment..., that its current or proposed management team is qualified and has the knowledge, experience, and...

  12. 7 CFR 4290.110 - Qualified management.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 7 Agriculture 15 2013-01-01 2013-01-01 false Qualified management. 4290.110 Section 4290.110... Qualifications for the RBIC Program Organizing A Rbic § 4290.110 Qualified management. An Applicant must show, to the satisfaction of the Secretary, that its current or proposed management team is qualified and has...

  13. 7 CFR 4290.110 - Qualified management.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 7 Agriculture 15 2014-01-01 2014-01-01 false Qualified management. 4290.110 Section 4290.110... Qualifications for the RBIC Program Organizing A Rbic § 4290.110 Qualified management. An Applicant must show, to the satisfaction of the Secretary, that its current or proposed management team is qualified and has...

  14. 7 CFR 4290.110 - Qualified management.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 7 Agriculture 15 2011-01-01 2011-01-01 false Qualified management. 4290.110 Section 4290.110... Qualifications for the RBIC Program Organizing A Rbic § 4290.110 Qualified management. An Applicant must show, to the satisfaction of the Secretary, that its current or proposed management team is qualified and has...

  15. 7 CFR 4290.110 - Qualified management.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 7 Agriculture 15 2010-01-01 2010-01-01 false Qualified management. 4290.110 Section 4290.110... Qualifications for the RBIC Program Organizing A Rbic § 4290.110 Qualified management. An Applicant must show, to the satisfaction of the Secretary, that its current or proposed management team is qualified and has...

  16. Has the implementation of the TRIPS Agreement in Latin America and the Caribbean produced intellectual property legislation that favours public health?

    PubMed Central

    Oliveira, Maria Auxiliadora; Bermudez, Jorge Antonio Zepeda; Chaves, Gabriela Costa; Velásquez, Germán

    2004-01-01

    OBJECTIVE: The World Trade Organization's Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement establishes minimum standards for intellectual property rights, including patent protection for pharmaceuticals; therefore, it may make it difficult for developing countries to gain access to medicines, especially those countries that are the least developed. This study aims to determine whether implementation of the TRIPS Agreement in Latin American and Caribbean countries has generated patent legislation that is sensitive to public health needs. METHODS: Legislation in 11 Latin American and Caribbean countries was analysed. The variables considered in the analysis were: the term of patents issued, patentable subject matter, transition periods (that is, time until legislation was enacted), reversal of the burden of proof of patent infringement, exhaustion of rights, compulsory licensing and the early working exception (which allows a country to complete all procedures necessary to register a generic product before the original patent expires). FINDINGS: By 2000, all of the countries studied had reformed their legislation to conform to the agreement. Brazil and Argentina used the transition period until 2005 to grant patents in the pharmaceutical industry. All countries, except Panama, made use of the safeguards and flexibilities available through the agreement by including mechanisms for compulsory licensing in their legislation. Argentina; Bolivia, Colombia, Ecuador, Peru and Venezuela (countries that represented the Andean community); the Dominican Republic; and Panama included mechanisms to allow parallel importation. Mexico did not. Brazil only permits parallel importation after a compulsory licence has been issued. The early working exception is included in legislation in Brazil and the Dominican Republic. CONCLUSION: The countries in this study did not incorporate all of the mechanisms allowed for by the Agreement and are not adequately using the

  17. Has the implementation of the TRIPS Agreement in Latin America and the Caribbean produced intellectual property legislation that favours public health?

    PubMed

    Oliveira, Maria Auxiliadora; Bermudez, Jorge Antonio Zepeda; Chaves, Gabriela Costa; Velásquez, Germán

    2004-11-01

    The World Trade Organization's Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement establishes minimum standards for intellectual property rights, including patent protection for pharmaceuticals; therefore, it may make it difficult for developing countries to gain access to medicines, especially those countries that are the least developed. This study aims to determine whether implementation of the TRIPS Agreement in Latin American and Caribbean countries has generated patent legislation that is sensitive to public health needs. Legislation in 11 Latin American and Caribbean countries was analysed. The variables considered in the analysis were: the term of patents issued, patentable subject matter, transition periods (that is, time until legislation was enacted), reversal of the burden of proof of patent infringement, exhaustion of rights, compulsory licensing and the early working exception (which allows a country to complete all procedures necessary to register a generic product before the original patent expires). By 2000, all of the countries studied had reformed their legislation to conform to the agreement. Brazil and Argentina used the transition period until 2005 to grant patents in the pharmaceutical industry. All countries, except Panama, made use of the safeguards and flexibilities available through the agreement by including mechanisms for compulsory licensing in their legislation. Argentina; Bolivia, Colombia, Ecuador, Peru and Venezuela (countries that represented the Andean community); the Dominican Republic; and Panama included mechanisms to allow parallel importation. Mexico did not. Brazil only permits parallel importation after a compulsory licence has been issued. The early working exception is included in legislation in Brazil and the Dominican Republic. The countries in this study did not incorporate all of the mechanisms allowed for by the Agreement and are not adequately using the provisions that enable World Trade

  18. An economic analysis of unilateral refusals to license intellectual  property

    PubMed Central

    Gilbert, Richard J.; Shapiro, Carl

    1996-01-01

    The intellectual property laws in the United States provide the owners of intellectual property with discretion to license the right to use that property or to make or sell products that embody the intellectual property. However, the antitrust laws constrain the use of property, including intellectual property, by a firm with market power and may place limitations on the licensing of intellectual property. This paper focuses on one aspect of antitrust law, the so-called “essential facilities doctrine,” which may impose a duty upon firms controlling an “essential facility” to make that facility available to their rivals. In the intellectual property context, an obligation to make property available is equivalent to a requirement for compulsory licensing. Compulsory licensing may embrace the requirement that the owner of software permit access to the underlying code so that others can develop compatible application programs. Compulsory licensing may undermine incentives for research and development by reducing the value of an innovation to the inventor. This paper shows that compulsory licensing also may reduce economic efficiency in the short run by facilitating the entry of inefficient producers and by promoting licensing arrangements that result in higher prices. PMID:8917489

  19. Betraying the Intellectual Tradition: Public Intellectuals and the Crisis of Youth

    ERIC Educational Resources Information Center

    Giroux, Henry A.

    2003-01-01

    Building upon the late Pierre Bourdieu's belief that intellectuals had a major responsibility in bridging intellectual work and the operation of politics, this paper argues that intellectuals, especially those in higher education, need to recognise that youth is an important moral referent and political starting point for addressing a number of…

  20. Life Satisfaction in Persons with Intellectual Disabilities

    ERIC Educational Resources Information Center

    Lucas-Carrasco, Ramona; Salvador-Carulla, Luis

    2012-01-01

    We appraised life satisfaction using the Satisfaction with Life Scale (SWLS), and analysed its psychometric properties in persons with intellectual disability (ID). Ninety-nine persons with ID from four services in Spain participated. A battery of subjective assessments was used, including the SWLS, a Quality of Life measure (WHOQOL-BREF), and…

  1. Developmental Defects of Enamel in Children with Intellectual Disability.

    PubMed

    Erika, Vesna; Modrić; Verzak, Željko; Karlović, Zoran

    2016-03-01

    To investigate the frequency of developmental defects of enamel (DDE) in children with intellectual disability. Children aged 5-18 years (72 children with intellectual disabilities and 72 controls) were included in the study. All the teeth were screened for developmental defects of enamel using the modified Developmental defects of enamel (mDDE) index. Out of the 72 children with intellectual disabilities in this study, 20 (27.78%) presented dental defects of enamel, compared with 8 (11.11%) of those in the control group, which was considered statistically significant (p = 0.021). The majority of children in both groups had white demarcated opacities. Children in both groups were more likely to have maxillary teeth affected than the mandibular teeth and the asymmetrical demarcated enamel defects were more common than the symmetric ones. Majority of opacities in children in both groups were on the maxillary incisors. Children with intellectual disabilities have more developmental defects of enamel than children in the control group. Enamel defects increase caries risk and cause reduction in enamel mechanical properties leading to restoration failures.

  2. Psychiatric disorders in people with intellectual disability (intellectual developmental disorder): forensic aspects.

    PubMed

    Hauser, Mark J; Olson, Erick; Drogin, Eric Y

    2014-03-01

    Persons with intellectual disability come into frequent and underreported contact with the legal system. Advances in forensic psychiatry help better identify persons with intellectual disability in forensic contexts, inform evaluation and treatment, and elucidate unique characteristics of this population. With the release of Diagnostic and Statistical Manual of Mental Disorders (DSM-5), forensic psychiatrists must adjust to changes in the diagnostic process. This review examines the past year's contributions to the literature, including predictors among offenders with intellectual disability, concurrent diagnoses, efficacy of competence restoration, means of studying individuals with intellectual disability, and impact of DSM-5. Impoverished personal relationships are found to be an important predictor of offense among persons with intellectual disability. A Personality Disorder Characteristics Checklist allows screening for personality disorders (indicative of increased risk of violence) among intellectual disability offenders. Referrals to specialists for treatment more often occur for violent and sexual offenses than for other offenses. Competence restoration is historically low among those with intellectual disability, specially compared with those referred for substance abuse and personality disorders. However, the Slater Method results in higher rates of restoration than traditional training methods. DSM-5 alters the definition of intellectual disability, moving from an IQ-oriented diagnosis system to a multifaceted approach, introducing more flexibility and nuance.

  3. 77 FR 51108 - Submission for OMB Review; Comment Request

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-08-23

    ... monitor the elections. Affected Public: Private Sector: Business or other for-profits. Estimated Total... the substantiation requirement for contributions of $250 or more. Affected Public: Private Sector... qualified intellectual property contributions after June 3, 2004. Affected Public: Private Sector: Not-for...

  4. Measurement Properties of the Non-Communicating Adult Pain Checklist (NCAPC): A Pain Scale for Adults with Intellectual and Developmental Disabilities, Scored in a Clinical Setting

    ERIC Educational Resources Information Center

    Lotan, M.; Moe-Nilssen, R.; Ljunggren, A. E.; Strand, L. I.

    2010-01-01

    The 18 items' Non-Communicating Adult Pain Checklist (NCAPC) has been developed from the 27 items Non-Communicating Children Pain Checklist to better capture pain behavior of adults with Intellectual and Developmental Disabilities (IDD). As part of the NCAPC's measurement properties, internal consistency, reliability and sensitivity to pain have…

  5. The Relation Between Intellectual Functioning and Adaptive Behavior in the Diagnosis of Intellectual Disability.

    PubMed

    Tassé, Marc J; Luckasson, Ruth; Schalock, Robert L

    2016-12-01

    Intellectual disability originates during the developmental period and is characterized by significant limitations both in intellectual functioning and in adaptive behavior as expressed in conceptual, social, and practical adaptive skills. In this article, we present a brief history of the diagnostic criteria of intellectual disability for both the DSM-5 and AAIDD. The article also (a) provides an update of the understanding of adaptive behavior, (b) dispels two thinking errors regarding mistaken temporal or causal link between intellectual functioning and adaptive behavior, (c) explains that there is a strong correlational, but no causative, relation between intellectual functioning and adaptive behavior, and (d) asserts that once a question of determining intellectual disability is raised, both intellectual functioning and adaptive behavior are assessed and considered jointly and weighed equally in the diagnosis of intellectual disability. We discuss the problems created by an inaccurate statement that appears in the DSM-5 regarding a causal link between deficits in intellectual functioning and adaptive behavior and propose an immediate revision to remove this erroneous and confounding statement.

  6. The role of intellectual property in creating, sharing and repurposing virtual patients.

    PubMed

    Campbell, Gabrielle; Miller, Angela; Balasubramaniam, Chara

    2009-08-01

    Medical schools are integrating more technology into the training of health care practitioners. Electronic Virtual Patients (VPs) provide interactive simulations to facilitate learning. The time, cost and effort required to create robust VPs on an individual school basis are significant; sharing of VPs by medical schools allows for access to a broad range of VPs across a variety of disciplines with lower investment. When this digital content is shared with other schools and distributed widely, digital copyright issues come into play. Unless all intellectual property rights (IPRs) and plans of the authors regarding the VP are confirmed upfront, the ability of the school to share the VP may be inhibited. Schools should also identify under what licensing/sharing model they plan to distribute the VPs - how do you plan to share the VPs and what will allow users to do with the VPs in the context of IPRs? This article highlights the role of IPRs in VPs and discusses a case-study of a European Virtual Patient collaboration to demonstrate how IPRs were managed.

  7. The trends and constructive ambiguity in international agreements on intellectual property and pharmaceutical affairs: Implications for domestic legislations in low- and middle-income countries.

    PubMed

    Son, Kyung-Bok; Lee, Tae-Jin

    2017-06-06

    The purpose of this study is to analyse the trends in international agreements including Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), Korea-United States Free Trade Agreements, and Trans-Pacific Partnership Agreements on intellectual property and pharmaceutical affairs with the updated framework. The study also assesses constructive ambiguity in international agreements, which might affect the implementation process through interpretation and domestic legislations. Five flexibility clauses and three TRIPS-plus provisions were selected, and presence of constructive ambiguity in the agreements was analysed to draw actual trends in international agreements. Flexibility provisions excluding compulsory licensing were not noticeably changed, and TRIPS-plus provisions including data exclusivity and patent linkage were expanded in scope or newly appeared, respectively. The clause regarding compulsory licensing, extension of the patent term, data exclusivity, and patent linkage showed unclear definitions or the lack of adequate explanations. With constructive ambiguity in those clauses, a country who wants to join international agreements in the near future could amend domestic legislations to minimise the detrimental effect of international agreements on access to medicines.

  8. 30 CFR 75.155 - Qualified hoisting engineer; qualifications.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ...-hoisting engineer; or (2) If a State has no program for qualifying persons as electric-hoisting engineers... 30 Mineral Resources 1 2010-07-01 2010-07-01 false Qualified hoisting engineer; qualifications. 75... Persons § 75.155 Qualified hoisting engineer; qualifications. (a)(1) A person is a qualified hoisting...

  9. 30 CFR 75.155 - Qualified hoisting engineer; qualifications.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ...-hoisting engineer; or (2) If a State has no program for qualifying persons as electric-hoisting engineers... 30 Mineral Resources 1 2012-07-01 2012-07-01 false Qualified hoisting engineer; qualifications. 75... Persons § 75.155 Qualified hoisting engineer; qualifications. (a)(1) A person is a qualified hoisting...

  10. 30 CFR 75.155 - Qualified hoisting engineer; qualifications.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ...-hoisting engineer; or (2) If a State has no program for qualifying persons as electric-hoisting engineers... 30 Mineral Resources 1 2013-07-01 2013-07-01 false Qualified hoisting engineer; qualifications. 75... Persons § 75.155 Qualified hoisting engineer; qualifications. (a)(1) A person is a qualified hoisting...

  11. 30 CFR 75.155 - Qualified hoisting engineer; qualifications.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ...-hoisting engineer; or (2) If a State has no program for qualifying persons as electric-hoisting engineers... 30 Mineral Resources 1 2011-07-01 2011-07-01 false Qualified hoisting engineer; qualifications. 75... Persons § 75.155 Qualified hoisting engineer; qualifications. (a)(1) A person is a qualified hoisting...

  12. 30 CFR 75.155 - Qualified hoisting engineer; qualifications.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ...-hoisting engineer; or (2) If a State has no program for qualifying persons as electric-hoisting engineers... 30 Mineral Resources 1 2014-07-01 2014-07-01 false Qualified hoisting engineer; qualifications. 75... Persons § 75.155 Qualified hoisting engineer; qualifications. (a)(1) A person is a qualified hoisting...

  13. Evaluating Intellectual Property and Data Rights in Competition Source Selections - Leveraging the Assertions Process to a New Level to Foster Open Systems Architecture

    DTIC Science & Technology

    2015-04-30

    itself. This is the traditional methodology (combined with attaching commercial software licenses to the contract and citing patent royalty ... Royalties It helps to visualize the Intellectual Property Volume approach so the following notional tables with example deliverable technical data...attorney’s fees  Automatic renewal provisions that violate the Anti-Deficiency Act  Provisions that prohibit disclosure of license terms/conditions

  14. 45 CFR 1151.12 - Qualified handicapped person.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 45 Public Welfare 3 2010-10-01 2010-10-01 false Qualified handicapped person. 1151.12 Section 1151... AND THE HUMANITIES NATIONAL ENDOWMENT FOR THE ARTS NONDISCRIMINATION ON THE BASIS OF HANDICAP Standards for Determining Who Are Handicapped Persons § 1151.12 Qualified handicapped person. Qualified...

  15. 28 CFR 41.32 - Qualified handicapped person.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 28 Judicial Administration 1 2014-07-01 2014-07-01 false Qualified handicapped person. 41.32..., NONDISCRIMINATION ON THE BASIS OF HANDICAP IN FEDERALLY ASSISTED PROGRAMS Standards for Determining Who Are Handicapped Persons § 41.32 Qualified handicapped person. Qualified handicapped person means: (a) With respect...

  16. 28 CFR 41.32 - Qualified handicapped person.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 28 Judicial Administration 1 2013-07-01 2013-07-01 false Qualified handicapped person. 41.32..., NONDISCRIMINATION ON THE BASIS OF HANDICAP IN FEDERALLY ASSISTED PROGRAMS Standards for Determining Who Are Handicapped Persons § 41.32 Qualified handicapped person. Qualified handicapped person means: (a) With respect...

  17. 45 CFR 1151.12 - Qualified handicapped person.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 45 Public Welfare 3 2012-10-01 2012-10-01 false Qualified handicapped person. 1151.12 Section 1151... AND THE HUMANITIES NATIONAL ENDOWMENT FOR THE ARTS NONDISCRIMINATION ON THE BASIS OF HANDICAP Standards for Determining Who Are Handicapped Persons § 1151.12 Qualified handicapped person. Qualified...

  18. 45 CFR 1151.12 - Qualified handicapped person.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 45 Public Welfare 3 2014-10-01 2014-10-01 false Qualified handicapped person. 1151.12 Section 1151... AND THE HUMANITIES NATIONAL ENDOWMENT FOR THE ARTS NONDISCRIMINATION ON THE BASIS OF HANDICAP Standards for Determining Who Are Handicapped Persons § 1151.12 Qualified handicapped person. Qualified...

  19. 28 CFR 41.32 - Qualified handicapped person.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Qualified handicapped person. 41.32..., NONDISCRIMINATION ON THE BASIS OF HANDICAP IN FEDERALLY ASSISTED PROGRAMS Standards for Determining Who Are Handicapped Persons § 41.32 Qualified handicapped person. Qualified handicapped person means: (a) With respect...

  20. 28 CFR 41.32 - Qualified handicapped person.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 28 Judicial Administration 1 2011-07-01 2011-07-01 false Qualified handicapped person. 41.32..., NONDISCRIMINATION ON THE BASIS OF HANDICAP IN FEDERALLY ASSISTED PROGRAMS Standards for Determining Who Are Handicapped Persons § 41.32 Qualified handicapped person. Qualified handicapped person means: (a) With respect...

  1. 45 CFR 1151.12 - Qualified handicapped person.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 45 Public Welfare 3 2011-10-01 2011-10-01 false Qualified handicapped person. 1151.12 Section 1151... AND THE HUMANITIES NATIONAL ENDOWMENT FOR THE ARTS NONDISCRIMINATION ON THE BASIS OF HANDICAP Standards for Determining Who Are Handicapped Persons § 1151.12 Qualified handicapped person. Qualified...

  2. 45 CFR 1151.12 - Qualified handicapped person.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 45 Public Welfare 3 2013-10-01 2013-10-01 false Qualified handicapped person. 1151.12 Section 1151... AND THE HUMANITIES NATIONAL ENDOWMENT FOR THE ARTS NONDISCRIMINATION ON THE BASIS OF HANDICAP Standards for Determining Who Are Handicapped Persons § 1151.12 Qualified handicapped person. Qualified...

  3. 28 CFR 41.32 - Qualified handicapped person.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 28 Judicial Administration 1 2012-07-01 2012-07-01 false Qualified handicapped person. 41.32..., NONDISCRIMINATION ON THE BASIS OF HANDICAP IN FEDERALLY ASSISTED PROGRAMS Standards for Determining Who Are Handicapped Persons § 41.32 Qualified handicapped person. Qualified handicapped person means: (a) With respect...

  4. 26 CFR 54.4980B-3 - Qualified beneficiaries.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... qualified beneficiary is— (i) Any individual who, on the day before a qualifying event, is covered under a... qualifying event that is the bankruptcy of the employer, a covered employee who had retired on or before the... bankruptcy qualifying event, the spouse, surviving spouse, or dependent child is a beneficiary under the plan...

  5. 26 CFR 54.4980B-3 - Qualified beneficiaries.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... qualified beneficiary is— (i) Any individual who, on the day before a qualifying event, is covered under a... qualifying event that is the bankruptcy of the employer, a covered employee who had retired on or before the... bankruptcy qualifying event, the spouse, surviving spouse, or dependent child is a beneficiary under the plan...

  6. [Conceptual foundations of creation of branch database of technology and intellectual property rights owned by scientific institutions, organizations, higher medical educational institutions and enterprises of healthcare sphere of Ukraine].

    PubMed

    Horban', A Ie

    2013-09-01

    The question of implementation of the state policy in the field of technology transfer in the medical branch to implement the law of Ukraine of 02.10.2012 No 5407-VI "On Amendments to the law of Ukraine" "On state regulation of activity in the field of technology transfers", namely to ensure the formation of branch database on technology and intellectual property rights owned by scientific institutions, organizations, higher medical education institutions and enterprises of healthcare sphere of Ukraine and established by budget are considered. Analysis of international and domestic experience in the processing of information about intellectual property rights and systems implementation support transfer of new technologies are made. The main conceptual principles of creation of this branch database of technology transfer and branch technology transfer network are defined.

  7. INTELLECTUAL PROPERTY IN THE TWENTY-FIRST CENTURY: WILL THE DEVELOPING COUNTRIES LEAD OR FOLLOW?

    PubMed Central

    Reichman, Jerome H.

    2010-01-01

    Developing countries, particularly the BRIC countries of Brazil, Russia, India, and China, should accommodate their national systems of innovation to the worldwide intellectual property (IP) regime emerging after the adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in a way that maximizes global economic welfare in the foreseeable future. As many developed countries’ experience demonstrates, badly configured, over-protectionist IP regimes stifle innovation by making inputs to future innovation too costly and too cumbersome to sustain over time. More carefully considered IP regimes, however, are an important way to protect innovative small- and medium-sized firms from predatory, larger competitors. The challenge is for emerging economies to capture the benefits of IP without importing the serious problems that developed countries have themselves failed to solve. Emerging economies can attain this balance by pursuing a policy of counter-harmonization in which they take advantage of existing exemptions in international agreements governing IP to establish regional, local, and international practices that promote more innovative, flexible uses of IP. Such practices include a research exemption for experimental uses of IP, government imposed nonexclusive licensing, anti-blocking provisions, an essential facilities doctrine, and compulsory licenses. Additional tools include an ex ante regime of compensatory liability rules for small scale innovation and sensible exceptions, particularly for science as well as general fair use provisions, to the exclusive rights of domestic copyright laws. Emerging economies will have to overcome strong economic pressure to accept more restrictive IP regimes as part of free trade agreements as well as a lack of technical expertise and internal government coordination. However, emerging economies have already accrued enough experience to be aware of the strengths and weaknesses of various IP

  8. INTELLECTUAL PROPERTY IN THE TWENTY-FIRST CENTURY: WILL THE DEVELOPING COUNTRIES LEAD OR FOLLOW?

    PubMed

    Reichman, Jerome H

    2009-01-31

    Developing countries, particularly the BRIC countries of Brazil, Russia, India, and China, should accommodate their national systems of innovation to the worldwide intellectual property (IP) regime emerging after the adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in a way that maximizes global economic welfare in the foreseeable future. As many developed countries' experience demonstrates, badly configured, over-protectionist IP regimes stifle innovation by making inputs to future innovation too costly and too cumbersome to sustain over time. More carefully considered IP regimes, however, are an important way to protect innovative small- and medium-sized firms from predatory, larger competitors. The challenge is for emerging economies to capture the benefits of IP without importing the serious problems that developed countries have themselves failed to solve. Emerging economies can attain this balance by pursuing a policy of counter-harmonization in which they take advantage of existing exemptions in international agreements governing IP to establish regional, local, and international practices that promote more innovative, flexible uses of IP. Such practices include a research exemption for experimental uses of IP, government imposed nonexclusive licensing, anti-blocking provisions, an essential facilities doctrine, and compulsory licenses. Additional tools include an ex ante regime of compensatory liability rules for small scale innovation and sensible exceptions, particularly for science as well as general fair use provisions, to the exclusive rights of domestic copyright laws. Emerging economies will have to overcome strong economic pressure to accept more restrictive IP regimes as part of free trade agreements as well as a lack of technical expertise and internal government coordination. However, emerging economies have already accrued enough experience to be aware of the strengths and weaknesses of various IP

  9. 10 CFR 436.32 - Qualified contractors lists.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 3 2010-01-01 2010-01-01 false Qualified contractors lists. 436.32 Section 436.32 Energy... Procedures for Energy Savings Performance Contracting § 436.32 Qualified contractors lists. (a) DOE shall... energy savings performance contracts. (c) DOE may remove a firm from DOE's list of qualified contractors...

  10. 12 CFR 583.17 - Qualified thrift lender.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 12 Banks and Banking 5 2010-01-01 2010-01-01 false Qualified thrift lender. 583.17 Section 583.17 Banks and Banking OFFICE OF THRIFT SUPERVISION, DEPARTMENT OF THE TREASURY DEFINITIONS FOR REGULATIONS AFFECTING SAVINGS AND LOAN HOLDING COMPANIES § 583.17 Qualified thrift lender. The term qualified thrift...

  11. 5 CFR 2634.403 - Qualified blind trusts.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 5 Administrative Personnel 3 2012-01-01 2012-01-01 false Qualified blind trusts. 2634.403 Section... Qualified blind trusts. (a) Definition. A qualified blind trust is a trust in which the filer, his spouse... instrument which establishes a blind trust must adhere substantively to model drafts circulated by the Office...

  12. 26 CFR 54.4980B-4 - Qualifying events.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 26 Internal Revenue 17 2012-04-01 2012-04-01 false Qualifying events. 54.4980B-4 Section 54.4980B... EXCISE TAXES (CONTINUED) PENSION EXCISE TAXES § 54.4980B-4 Qualifying events. The determination of what constitutes a qualifying event is addressed in the following questions and answers: Q-1: What is a qualifying...

  13. 26 CFR 54.4980B-4 - Qualifying events.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 26 Internal Revenue 17 2013-04-01 2013-04-01 false Qualifying events. 54.4980B-4 Section 54.4980B... EXCISE TAXES (CONTINUED) PENSION EXCISE TAXES § 54.4980B-4 Qualifying events. The determination of what constitutes a qualifying event is addressed in the following questions and answers: Q-1: What is a qualifying...

  14. 26 CFR 54.4980B-4 - Qualifying events.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 26 Internal Revenue 17 2011-04-01 2011-04-01 false Qualifying events. 54.4980B-4 Section 54.4980B... EXCISE TAXES (CONTINUED) PENSION EXCISE TAXES § 54.4980B-4 Qualifying events. The determination of what constitutes a qualifying event is addressed in the following questions and answers: Q-1: What is a qualifying...

  15. 26 CFR 54.4980B-4 - Qualifying events.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 26 Internal Revenue 17 2014-04-01 2014-04-01 false Qualifying events. 54.4980B-4 Section 54.4980B... EXCISE TAXES (CONTINUED) PENSION EXCISE TAXES § 54.4980B-4 Qualifying events. The determination of what constitutes a qualifying event is addressed in the following questions and answers: Q-1: What is a qualifying...

  16. Identifying classes of persons with mild intellectual disability or borderline intellectual functioning: a latent class analysis.

    PubMed

    Nouwens, Peter J G; Lucas, Rosanne; Smulders, Nienke B M; Embregts, Petri J C M; van Nieuwenhuizen, Chijs

    2017-07-17

    Persons with mild intellectual disability or borderline intellectual functioning are often studied as a single group with similar characteristics. However, there are indications that differences exist within this population. Therefore, the aim of this study was to identify classes of persons with mild intellectual disability or borderline intellectual functioning and to examine whether these classes are related to individual and/or environmental characteristics. Latent class analysis was performed using file data of 250 eligible participants with a mean age of 26.1 (SD 13.8, range 3-70) years. Five distinct classes of persons with mild intellectual disability or borderline intellectual functioning were found. These classes significantly differed in individual and environmental characteristics. For example, persons with a mild intellectual disability experienced fewer problems than those with borderline intellectual disability. The identification of five classes implies that a differentiated approach is required towards persons with mild intellectual disability or borderline intellectual functioning.

  17. Social leverage of intellectual property: road to the development of better therapy for tuberculosis.

    PubMed

    Thangaraj, Harry; Reljic, Rajko

    2009-06-01

    Current TB drug development is beset with many problems. There is a perceived lack of commercial return on investment, as the vast majority of TB patients come from impoverished areas of the world. Clinical trials for new TB drugs are complex, protracted and very expensive. Therefore, the development of new anti-tuberculosis drugs requires simultaneous forward planning of the design of the trials that will be required for licensing purposes. In this article we briefly review the current state of new TB drug development and discuss issues related to intellectual property (IP), with a special emphasis on how IP can facilitate rather than hinder the development of better TB drugs. We also list and discuss the major patent applications that underpin TB drugs that have entered prominent clinical trials and additional applications that were filed over the last five years for drugs resulting from basic upstream research.

  18. 42 CFR 436.121 - Qualified family members.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 42 Public Health 4 2011-10-01 2011-10-01 false Qualified family members. 436.121 Section 436.121... Coverage of the Categorically Needy § 436.121 Qualified family members. (a) Definition. A qualified family member is any member of a family, including pregnant women and children eligible for Medicaid under § 436...

  19. 42 CFR 435.119 - Qualified family members.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 42 Public Health 4 2011-10-01 2011-10-01 false Qualified family members. 435.119 Section 435.119... Family Members § 435.119 Qualified family members. (a) Definition. A qualified family member is any member of a family, including pregnant women and children eligible for Medicaid under § 435.116 of this...

  20. 42 CFR 436.121 - Qualified family members.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 42 Public Health 4 2010-10-01 2010-10-01 false Qualified family members. 436.121 Section 436.121... Coverage of the Categorically Needy § 436.121 Qualified family members. (a) Definition. A qualified family member is any member of a family, including pregnant women and children eligible for Medicaid under § 436...

  1. 42 CFR 435.119 - Qualified family members.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 42 Public Health 4 2010-10-01 2010-10-01 false Qualified family members. 435.119 Section 435.119... Family Members § 435.119 Qualified family members. (a) Definition. A qualified family member is any member of a family, including pregnant women and children eligible for Medicaid under § 435.116 of this...

  2. 26 CFR 25.2702-3 - Qualified interests.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 26 Internal Revenue 14 2011-04-01 2010-04-01 true Qualified interests. 25.2702-3 Section 25.2702-3... GIFT TAX; GIFTS MADE AFTER DECEMBER 31, 1954 Special Valuation Rules § 25.2702-3 Qualified interests. (a) In general. This section provides rules for determining if an interest is a qualified annuity...

  3. Development and Psychometric Properties of an Assessment for Persons with Intellectual Disability--The InterRAI ID

    ERIC Educational Resources Information Center

    Martin, Lynn; Hirdes, John P.; Fries, Brant E.; Smith, Trevor F.

    2007-01-01

    This paper describes the development of the interRAI-Intellectual Disability (interRAI ID), a comprehensive instrument that assesses all key domains of interest to service providers relative to a person with an intellectual disability (ID). The authors report on the reliability and validity of embedded scales for cognition, self-care, aggression,…

  4. Integrating Remote Sensing Data with Socioeconomic Data: Sensitivity, Confidentiality, Privacy, and Intellectual Property Challenges

    NASA Astrophysics Data System (ADS)

    Downs, R. R.; Adamo, S. B.

    2014-12-01

    The integration of remote sensing data with socioeconomic data presents new opportunities for scientific discovery and analysis that can improve understanding of the environmental sustainability issues that society faces today. Such integrated data products and services can be used to study interdisciplinary issues by investigators representing various disciplines. In addition to the scientific benefits that can be attained by integrating remote sensing data with socioeconomic data, the integration of these data also present challenges that reflect the complex issues that arise when sharing and integrating different types of science data. When integrating one or more datasets that contain sensitive information, data producers need to be aware of the limitations that have been placed upon the data to protect private property, species or other inhabitants that reside on the property, or restricted information about a particular location. Similarly, confidentiality and privacy issues are a concern for data that have been collected about individual humans and families who have volunteered to serve as human research subjects or whose personal information may have been collected without their knowledge. In addition, intellectual property rights that are associated with a particular dataset may prevent integration with other data or pose constraints on the use of the resulting data products or services. These challenges will be described along with approaches that can be applied to address them when planning projects that involve the integration of remote sensing data with socioeconomic data.

  5. 42 CFR 436.120 - Qualified pregnant women and children who are not qualified family members.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 42 Public Health 4 2013-10-01 2013-10-01 false Qualified pregnant women and children who are not... to a pregnant woman whose pregnancy has been medically verified and who— (1) Would be eligible for an... RICO, AND THE VIRGIN ISLANDS Mandatory Coverage of the Categorically Needy § 436.120 Qualified pregnant...

  6. 42 CFR 436.120 - Qualified pregnant women and children who are not qualified family members.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 42 Public Health 4 2011-10-01 2011-10-01 false Qualified pregnant women and children who are not... to a pregnant woman whose pregnancy has been medically verified and who— (1) Would be eligible for an... RICO, AND THE VIRGIN ISLANDS Mandatory Coverage of the Categorically Needy § 436.120 Qualified pregnant...

  7. 42 CFR 436.120 - Qualified pregnant women and children who are not qualified family members.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 42 Public Health 4 2010-10-01 2010-10-01 false Qualified pregnant women and children who are not... to a pregnant woman whose pregnancy has been medically verified and who— (1) Would be eligible for an... RICO, AND THE VIRGIN ISLANDS Mandatory Coverage of the Categorically Needy § 436.120 Qualified pregnant...

  8. 42 CFR 436.120 - Qualified pregnant women and children who are not qualified family members.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 42 Public Health 4 2012-10-01 2012-10-01 false Qualified pregnant women and children who are not... to a pregnant woman whose pregnancy has been medically verified and who— (1) Would be eligible for an... RICO, AND THE VIRGIN ISLANDS Mandatory Coverage of the Categorically Needy § 436.120 Qualified pregnant...

  9. 42 CFR 436.120 - Qualified pregnant women and children who are not qualified family members.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 42 Public Health 4 2014-10-01 2014-10-01 false Qualified pregnant women and children who are not... to a pregnant woman whose pregnancy has been medically verified and who— (1) Would be eligible for an... RICO, AND THE VIRGIN ISLANDS Mandatory Coverage of the Categorically Needy § 436.120 Qualified pregnant...

  10. Non-Academic Jobs for Fellows in Law Firms, Patent and Trademark Office and Scientific Intellectual Property | Center for Cancer Research

    Cancer.gov

    This workshop helps CCR fellows and staff scientists learn about and better position themselves for potential job opportunities at law firms, patent and trademark, and intellectual property protection across the biotechnology and pharmaceutical industries. Guest speakers will shed light on how to best position yourself for obtaining these types of positions and how to improve your chances of success. They will describe ways in which you can use your time at NIH to better prepare for opportunities that may arise down the road in these fields.

  11. What the publisher can teach the patient: intellectual property and privacy in an era of trusted privication.

    PubMed

    Zittrain, J

    2000-05-01

    This article begins with a premise that intellectual property and privacy have something significant and yet understated in common: both are about balancing a creator's desire to control a particular set of data with consumers' desires to access and redistribute that data. Both law and technology influence such balancing, making it more or less palatable to use data for particular purposes--whether one is an individual making a copy of a popular song for a friend, or a hospital selling a list of maternity ward patients to a day care service. In the shadow of the Internet's rapid development and concomitant easing of barriers to data sharing, holders of intellectual property are pairing increased legal protection with the technologies of "trusted systems." I describe how these technologies might allow more thorough mass distribution of data, while allowing publishers to retain unprecedented control over their wares. For instance, an e-Book seller might charge one price for a read-only copy that could not be printed or forwarded and charge an additional fee for each copy or printout made. Taking up the case of medical privacy, I then suggest that those who worry about the confidentiality of medical records, particularly as they are digitized by recent congressional mandate, might seek to augment comparatively paltry legal protections with trusted systems technologies. For instance, a trusted system could allow a patient to specify how and by whom her records could be used; within limits, she could allow full access to her primary care physician, while allowing only time-limited access to emergency care providers, non-personally identifiable access to medical researchers, and no access at all for marketing purposes. These technologies could allow for new kinds of privacy protection, without sacrificing the legitimate interests of the consumers of medical records.

  12. Intellectual Freedom

    ERIC Educational Resources Information Center

    Knox, Emily

    2011-01-01

    Support for intellectual freedom, a concept codified in the American Library Association's Library Bill of Rights and Code of Ethics, is one of the core tenets of modern librarianship. According to the most recent interpretation of the Library Bill of Rights, academic librarians are encouraged to incorporate the principles of intellectual freedom…

  13. 33 CFR 155.1026 - Qualified individual and alternate qualified individual.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... familiar with the implementation of the vessel response plan; and (4) Be trained in the responsibilities of... vessel may designate an organization to fulfill the role of the qualified individual and alternate...

  14. 7 CFR 1221.24 - Qualified sorghum producer organization.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE... qualified State-legislated sorghum promotion, research, and education commission or organization, approved... education commission or organization, qualified sorghum producer organization means any qualified...

  15. The use of agrobiodiversity for plant improvement and the intellectual property paradigm: institutional fit and legal tools for mass selection, conventional and molecular plant breeding.

    PubMed

    Batur, Fulya; Dedeurwaerdere, Tom

    2014-12-01

    Focused on the impact of stringent intellectual property mechanisms over the uses of plant agricultural biodiversity in crop improvement, the article delves into a systematic analysis of the relationship between institutional paradigms and their technological contexts of application, identified as mass selection, controlled hybridisation, molecular breeding tools and transgenics. While the strong property paradigm has proven effective in the context of major leaps forward in genetic engineering, it faces a systematic breakdown when extended to mass selection, where innovation often displays a collective nature. However, it also creates partial blockages in those innovation schemes rested between on-farm observation and genetic modification, i.e. conventional plant breeding and upstream molecular biology research tools. Neither overly strong intellectual property rights, nor the absence of well delineated protection have proven an optimal fit for these two intermediary socio-technological systems of cumulative incremental innovation. To address these challenges, the authors look at appropriate institutional alternatives which can create effective incentives for in situ agrobiodiversity conservation and the equitable distribution of technologies in plant improvement, using the flexibilities of the TRIPS Agreement, the liability rules set forth in patents or plant variety rights themselves (in the form of farmers', breeders' and research exceptions), and other ad hoc reward regimes.

  16. 33 CFR 154.1026 - Qualified individual and alternate qualified individual.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... alternate must: (1) Be located in the United States; (2) Speak fluent English; (3) Be familiar with the... facility may designate an organization to fulfill the role of the qualified individual and the alternate...

  17. 7 CFR 1221.24 - Qualified sorghum producer organization.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... qualified State-legislated sorghum promotion, research, and education commission or organization, approved... education commission or organization, qualified sorghum producer organization means any qualified organization that has the primary purpose of representing sorghum producers, has sorghum producers as members...

  18. 7 CFR 1221.24 - Qualified sorghum producer organization.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... qualified State-legislated sorghum promotion, research, and education commission or organization, approved... education commission or organization, qualified sorghum producer organization means any qualified organization that has the primary purpose of representing sorghum producers, has sorghum producers as members...

  19. 7 CFR 1221.24 - Qualified sorghum producer organization.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... qualified State-legislated sorghum promotion, research, and education commission or organization, approved... education commission or organization, qualified sorghum producer organization means any qualified organization that has the primary purpose of representing sorghum producers, has sorghum producers as members...

  20. 7 CFR 1221.24 - Qualified sorghum producer organization.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... qualified State-legislated sorghum promotion, research, and education commission or organization, approved... education commission or organization, qualified sorghum producer organization means any qualified organization that has the primary purpose of representing sorghum producers, has sorghum producers as members...

  1. 40 CFR 1400.12 - Qualified researchers.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ...); DISTRIBUTION OF OFF-SITE CONSEQUENCE ANALYSIS INFORMATION DISTRIBUTION OF OFF-SITE CONSEQUENCE ANALYSIS INFORMATION Other Provisions § 1400.12 Qualified researchers. The Administrator is authorized to provide OCA information, including facility identification, to qualified researchers pursuant to a system developed and...

  2. 40 CFR 1400.12 - Qualified researchers.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ...); DISTRIBUTION OF OFF-SITE CONSEQUENCE ANALYSIS INFORMATION DISTRIBUTION OF OFF-SITE CONSEQUENCE ANALYSIS INFORMATION Other Provisions § 1400.12 Qualified researchers. The Administrator is authorized to provide OCA information, including facility identification, to qualified researchers pursuant to a system developed and...

  3. 40 CFR 1400.12 - Qualified researchers.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ...); DISTRIBUTION OF OFF-SITE CONSEQUENCE ANALYSIS INFORMATION DISTRIBUTION OF OFF-SITE CONSEQUENCE ANALYSIS INFORMATION Other Provisions § 1400.12 Qualified researchers. The Administrator is authorized to provide OCA information, including facility identification, to qualified researchers pursuant to a system developed and...

  4. 40 CFR 1400.12 - Qualified researchers.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ...); DISTRIBUTION OF OFF-SITE CONSEQUENCE ANALYSIS INFORMATION DISTRIBUTION OF OFF-SITE CONSEQUENCE ANALYSIS INFORMATION Other Provisions § 1400.12 Qualified researchers. The Administrator is authorized to provide OCA information, including facility identification, to qualified researchers pursuant to a system developed and...

  5. The Properties of Locke's Common-Wealth of Learning

    ERIC Educational Resources Information Center

    Willinksy, John

    2006-01-01

    This article reads the educational implications of "intellectual property" that are found in the double meaning of "property", as the word refers to an economic right and a quality of being. It briefly visits the seventeenth-century origins of this double concept of intellectual property (IP), with particular attention paid to…

  6. 48 CFR 14.210 - Qualified products.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Qualified products. 14.210 Section 14.210 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION CONTRACTING METHODS AND CONTRACT TYPES SEALED BIDDING Solicitation of Bids 14.210 Qualified products. See subpart 9.2. ...

  7. 49 CFR 604.7 - Qualified human service organizations.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 49 Transportation 7 2011-10-01 2011-10-01 false Qualified human service organizations. 604.7... ADMINISTRATION, DEPARTMENT OF TRANSPORTATION CHARTER SERVICE Exceptions § 604.7 Qualified human service organizations. (a) A recipient may provide charter service to a qualified human service organization (QHSO) for...

  8. 49 CFR 604.7 - Qualified human service organizations.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 49 Transportation 7 2012-10-01 2012-10-01 false Qualified human service organizations. 604.7... ADMINISTRATION, DEPARTMENT OF TRANSPORTATION CHARTER SERVICE Exceptions § 604.7 Qualified human service organizations. (a) A recipient may provide charter service to a qualified human service organization (QHSO) for...

  9. 49 CFR 604.7 - Qualified human service organizations.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 49 Transportation 7 2013-10-01 2013-10-01 false Qualified human service organizations. 604.7... ADMINISTRATION, DEPARTMENT OF TRANSPORTATION CHARTER SERVICE Exceptions § 604.7 Qualified human service organizations. (a) A recipient may provide charter service to a qualified human service organization (QHSO) for...

  10. 49 CFR 604.7 - Qualified human service organizations.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 49 Transportation 7 2014-10-01 2014-10-01 false Qualified human service organizations. 604.7... ADMINISTRATION, DEPARTMENT OF TRANSPORTATION CHARTER SERVICE Exceptions § 604.7 Qualified human service organizations. (a) A recipient may provide charter service to a qualified human service organization (QHSO) for...

  11. Psychometric Properties of the "Aberrant Behavior Checklist," the "Anxiety, Depression and Mood Scale," the "Assessment of Dual Diagnosis" and the "Social Performance Survey Schedule" in Adults with Intellectual Disabilities

    ERIC Educational Resources Information Center

    Rojahn, Johannes; Rowe, Ellen W.; Kasdan, Shana; Moore, Linda; van Ingen, Daniel J.

    2011-01-01

    Progress in clinical research and in empirically supported interventions in the area of psychopathology in intellectual disabilities (ID) depends on high-quality assessment instruments. To this end, psychometric properties of four instruments were examined: the "Aberrant Behavior Checklist" (ABC), the "Assessment of Dual…

  12. 7 CFR 1450.101 - Qualified biomass conversion facility.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 7 Agriculture 10 2011-01-01 2011-01-01 false Qualified biomass conversion facility. 1450.101... (BCAP) Matching Payments § 1450.101 Qualified biomass conversion facility. (a) To be considered a qualified biomass conversion facility, a biomass conversion facility must enter into an agreement with CCC...

  13. 46 CFR 4.03-6 - Qualified medical personnel.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 46 Shipping 1 2012-10-01 2012-10-01 false Qualified medical personnel. 4.03-6 Section 4.03-6... AND INVESTIGATIONS Definitions § 4.03-6 Qualified medical personnel. The term qualified medical personnel means a physician, physician's assistant, nurse, emergency medical technician, or other person...

  14. 46 CFR 4.03-6 - Qualified medical personnel.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 46 Shipping 1 2010-10-01 2010-10-01 false Qualified medical personnel. 4.03-6 Section 4.03-6... AND INVESTIGATIONS Definitions § 4.03-6 Qualified medical personnel. The term qualified medical personnel means a physician, physician's assistant, nurse, emergency medical technician, or other person...

  15. 46 CFR 4.03-6 - Qualified medical personnel.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 46 Shipping 1 2011-10-01 2011-10-01 false Qualified medical personnel. 4.03-6 Section 4.03-6... AND INVESTIGATIONS Definitions § 4.03-6 Qualified medical personnel. The term qualified medical personnel means a physician, physician's assistant, nurse, emergency medical technician, or other person...

  16. 30 CFR 795.10 - Qualified laboratories.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 30 Mineral Resources 3 2011-07-01 2011-07-01 false Qualified laboratories. 795.10 Section 795.10... laboratories. (a) Basic qualifications. To be designated a qualified laboratory, a firm shall demonstrate that... necessary field samples and making hydrologic field measurements and analytical laboratory determinations by...

  17. 7 CFR 802.1 - Qualified laboratories.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 7 Agriculture 7 2011-01-01 2011-01-01 false Qualified laboratories. 802.1 Section 802.1... REQUIREMENTS FOR GRAIN WEIGHING EQUIPMENT AND RELATED GRAIN HANDLING SYSTEMS § 802.1 Qualified laboratories. (a) Metrology laboratories. (1) Any State metrology laboratory currently approved by the NBS ongoing...

  18. 30 CFR 77.103 - Electrical work; qualified person.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 30 Mineral Resources 1 2011-07-01 2011-07-01 false Electrical work; qualified person. 77.103... SAFETY AND HEALTH MANDATORY SAFETY STANDARDS, SURFACE COAL MINES AND SURFACE WORK AREAS OF UNDERGROUND COAL MINES Qualified and Certified Persons § 77.103 Electrical work; qualified person. (a) Except as...

  19. 30 CFR 77.103 - Electrical work; qualified person.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 30 Mineral Resources 1 2010-07-01 2010-07-01 false Electrical work; qualified person. 77.103... SAFETY AND HEALTH MANDATORY SAFETY STANDARDS, SURFACE COAL MINES AND SURFACE WORK AREAS OF UNDERGROUND COAL MINES Qualified and Certified Persons § 77.103 Electrical work; qualified person. (a) Except as...

  20. The Relation between Intellectual Functioning and Adaptive Behavior in the Diagnosis of Intellectual Disability

    ERIC Educational Resources Information Center

    Tassé, Marc J.; Luckasson, Ruth; Schalock, Robert L.

    2016-01-01

    Intellectual disability originates during the developmental period and is characterized by significant limitations both in intellectual functioning and in adaptive behavior as expressed in conceptual, social, and practical adaptive skills. In this article, we present a brief history of the diagnostic criteria of intellectual disability for both…

  1. Nominal Group as Qualifier to "Someone"

    ERIC Educational Resources Information Center

    Sujatna, Eva Tuckyta Sari; Wahyuni, Sri

    2017-01-01

    The paper titled "Nominal Group as Qualifier to 'Someone'" investigated types of qualifiers which are embedded to the head "someone" in a nominal group. This research was conducted in the light of Systemic Functional Linguistics analysis. The data was analyzed, classified then described using descriptive qualitative method.…

  2. Remote Memory Access Protocol Target Node Intellectual Property

    NASA Technical Reports Server (NTRS)

    Haddad, Omar

    2013-01-01

    The MagnetoSpheric Multiscale (MMS) mission had a requirement to use the Remote Memory Access Protocol (RMAP) over its SpaceWire network. At the time, no known intellectual property (IP) cores were available for purchase. Additionally, MMS preferred to implement the RMAP functionality with control over the low-level details of the design. For example, not all the RMAP standard functionality was needed, and it was desired to implement only the portions of the RMAP protocol that were needed. RMAP functionality had been previously implemented in commercial off-the-shelf (COTS) products, but the IP core was not available for purchase. The RMAP Target IP core is a VHDL (VHSIC Hardware Description Language description of a digital logic design suitable for implementation in an FPGA (field-programmable gate array) or ASIC (application-specific integrated circuit) that parses SpaceWire packets that conform to the RMAP standard. The RMAP packet protocol allows a network host to access and control a target device using address mapping. This capability allows SpaceWire devices to be managed in a standardized way that simplifies the hardware design of the device, as well as the development of the software that controls the device. The RMAP Target IP core has some features that are unique and not specified in the RMAP standard. One such feature is the ability to automatically abort transactions if the back-end logic does not respond to read/write requests within a predefined time. When a request times out, the RMAP Target IP core automatically retracts the request and returns a command response with an appropriate status in the response packet s header. Another such feature is the ability to control the SpaceWire node or router using RMAP transactions in the extended address range. This allows the SpaceWire network host to manage the SpaceWire network elements using RMAP packets, which reduces the number of protocols that the network host needs to support.

  3. Medicine procurement and the use of flexibilities in the Agreement on Trade-Related Aspects of Intellectual Property Rights, 2001-2016.

    PubMed

    't Hoen, Ellen Fm; Veraldi, Jacquelyn; Toebes, Brigit; Hogerzeil, Hans V

    2018-03-01

    Millions of people, particularly in low- and middle-income countries, lack access to effective pharmaceuticals, often because they are unaffordable. The 2001 Ministerial Conference of the World Trade Organization (WTO) adopted the Doha Declaration on the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement and Public Health. The declaration recognized the implications of intellectual property rights for both new medicine development and the price of medicines. The declaration outlined measures, known as TRIPS flexibilities, that WTO Members can take to ensure access to medicines for all. These measures include compulsory licensing of medicines patents and the least-developed countries pharmaceutical transition measure. The aim of this study was to document the use of TRIPS flexibilities to access lower-priced generic medicines between 2001 and 2016. Overall, 176 instances of the possible use of TRIPS flexibilities by 89 countries were identified: 100 (56.8%) involved compulsory licences or public noncommercial use licences and 40 (22.7%) involved the least-developed countries pharmaceutical transition measure. The remainder were: 1 case of parallel importation; 3 research exceptions; and 32 non-patent-related measures. Of the 176 instances, 152 (86.4%) were implemented. They covered products for treating 14 different diseases. However, 137 (77.8%) concerned medicines for human immunodeficiency virus infection and acquired immune deficiency syndrome or related diseases. The use of TRIPS flexibilities was found to be more frequent than is commonly assumed. Given the problems faced by countries today in procuring high-priced, patented medicines, the practical, legal pathway provided by TRIPS flexibilities for accessing lower-cost generic equivalents is increasingly important.

  4. 30 CFR 77.103 - Electrical work; qualified person.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 30 Mineral Resources 1 2014-07-01 2014-07-01 false Electrical work; qualified person. 77.103... COAL MINES Qualified and Certified Persons § 77.103 Electrical work; qualified person. (a) Except as... Subparts F, G, H, I, and J of this Part 77 to perform electrical work (other than work on energized surface...

  5. 30 CFR 75.153 - Electrical work; qualified person.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 30 Mineral Resources 1 2014-07-01 2014-07-01 false Electrical work; qualified person. 75.153....153 Electrical work; qualified person. (a) Except as provided in paragraph (f) of this section, an individual is a qualified person within the meaning of §§ 75.511 and 75.512 to perform electrical work (other...

  6. 30 CFR 77.103 - Electrical work; qualified person.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 30 Mineral Resources 1 2013-07-01 2013-07-01 false Electrical work; qualified person. 77.103... COAL MINES Qualified and Certified Persons § 77.103 Electrical work; qualified person. (a) Except as... Subparts F, G, H, I, and J of this Part 77 to perform electrical work (other than work on energized surface...

  7. 30 CFR 77.103 - Electrical work; qualified person.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 30 Mineral Resources 1 2012-07-01 2012-07-01 false Electrical work; qualified person. 77.103... COAL MINES Qualified and Certified Persons § 77.103 Electrical work; qualified person. (a) Except as... Subparts F, G, H, I, and J of this Part 77 to perform electrical work (other than work on energized surface...

  8. 30 CFR 75.153 - Electrical work; qualified person.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 30 Mineral Resources 1 2012-07-01 2012-07-01 false Electrical work; qualified person. 75.153....153 Electrical work; qualified person. (a) Except as provided in paragraph (f) of this section, an individual is a qualified person within the meaning of §§ 75.511 and 75.512 to perform electrical work (other...

  9. 30 CFR 75.153 - Electrical work; qualified person.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 30 Mineral Resources 1 2013-07-01 2013-07-01 false Electrical work; qualified person. 75.153....153 Electrical work; qualified person. (a) Except as provided in paragraph (f) of this section, an individual is a qualified person within the meaning of §§ 75.511 and 75.512 to perform electrical work (other...

  10. 26 CFR 1.132-9 - Qualified transportation fringes.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 26 Internal Revenue 2 2012-04-01 2012-04-01 false Qualified transportation fringes. 1.132-9... Qualified transportation fringes. (a) Table of contents. This section contains a list of the questions and answers in § 1.132-9. (1) General rules. Q-1. What is a qualified transportation fringe? Q-2. What is...

  11. 26 CFR 1.132-9 - Qualified transportation fringes.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 26 Internal Revenue 2 2014-04-01 2014-04-01 false Qualified transportation fringes. 1.132-9... Qualified transportation fringes. (a) Table of contents. This section contains a list of the questions and answers in § 1.132-9. (1) General rules. Q-1. What is a qualified transportation fringe? Q-2. What is...

  12. 26 CFR 1.132-9 - Qualified transportation fringes.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 26 Internal Revenue 2 2013-04-01 2013-04-01 false Qualified transportation fringes. 1.132-9... Qualified transportation fringes. (a) Table of contents. This section contains a list of the questions and answers in § 1.132-9. (1) General rules. Q-1. What is a qualified transportation fringe? Q-2. What is...

  13. 30 CFR 75.153 - Electrical work; qualified person.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 30 Mineral Resources 1 2010-07-01 2010-07-01 false Electrical work; qualified person. 75.153....153 Electrical work; qualified person. (a) Except as provided in paragraph (f) of this section, an individual is a qualified person within the meaning of §§ 75.511 and 75.512 to perform electrical work (other...

  14. 30 CFR 75.153 - Electrical work; qualified person.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 30 Mineral Resources 1 2011-07-01 2011-07-01 false Electrical work; qualified person. 75.153....153 Electrical work; qualified person. (a) Except as provided in paragraph (f) of this section, an individual is a qualified person within the meaning of §§ 75.511 and 75.512 to perform electrical work (other...

  15. Intellectual Freedom: 2000 and Beyond.

    ERIC Educational Resources Information Center

    Holtze, Terri L.; Rader, Hannelore B.

    2000-01-01

    Focuses on intellectual freedom, discussing the role of libraries, the Berlin Wall and banned books as attempts to restrict intellectual freedom, and controversies surrounding filtering software. Contains an annotated bibliography of intellectual freedom resources, presented in five categories: general; government and legal issues; access and…

  16. A macro-economic framework for evaluation of cyber security risks related to protection of intellectual property.

    PubMed

    Andrijcic, Eva; Horowitz, Barry

    2006-08-01

    The article is based on the premise that, from a macro-economic viewpoint, cyber attacks with long-lasting effects are the most economically significant, and as a result require more attention than attacks with short-lasting effects that have historically been more represented in literature. In particular, the article deals with evaluation of cyber security risks related to one type of attack with long-lasting effects, namely, theft of intellectual property (IP) by foreign perpetrators. An International Consequence Analysis Framework is presented to determine (1) the potential macro-economic consequences of cyber attacks that result in stolen IP from companies in the United States, and (2) the likely sources of such attacks. The framework presented focuses on IP theft that enables foreign companies to make economic gains that would have otherwise benefited the U.S. economy. Initial results are presented.

  17. Brain structure characteristics in intellectually superior schizophrenia.

    PubMed

    Vaskinn, Anja; Hartberg, Cecilie B; Sundet, Kjetil; Westlye, Lars T; Andreassen, Ole A; Melle, Ingrid; Agartz, Ingrid

    2015-04-30

    The current study aims to fill a gap in the knowledge base by investigating the structural brain characteristics of individuals with schizophrenia and superior intellectual abilities. Subcortical volumes, cortical thickness and cortical surface area were examined in intellectually normal and intellectually superior participants with schizophrenia and their IQ-matched healthy controls, as well as in intellectually low schizophrenia participants. We replicated significant diagnostic group effects on hippocampal and ventricular size after correction for multiple comparisons. There were no statistically significant effects of intellectual level or of the interaction between diagnostic group and intellectual level. Effect sizes indicated that differences between schizophrenia and healthy control participants were of similar magnitude at both intellectual levels for all three types of morphological data. A secondary analysis within the schizophrenia group, including participants with low intellectual abilities, yielded numerical, but no statistically significant differences on any structural brain measure. The present findings indicate that the brain structure abnormalities in schizophrenia are present at all intellectual levels, and individuals with schizophrenia and superior intellectual abilities have brain structure abnormalities of the same magnitude as individuals with schizophrenia and normal intellectual abilities. Copyright © 2015 Elsevier Ireland Ltd. All rights reserved.

  18. 26 CFR 1.42-6 - Buildings qualifying for carryover allocations.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 26 Internal Revenue 1 2012-04-01 2012-04-01 false Buildings qualifying for carryover allocations... TAX INCOME TAXES Credits Against Tax § 1.42-6 Buildings qualifying for carryover allocations. (a... carryover allocation may only be made with respect to a qualified building. A qualified building is any...

  19. 26 CFR 1.42-6 - Buildings qualifying for carryover allocations.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 26 Internal Revenue 1 2013-04-01 2013-04-01 false Buildings qualifying for carryover allocations... TAX INCOME TAXES Credits Against Tax § 1.42-6 Buildings qualifying for carryover allocations. (a... carryover allocation may only be made with respect to a qualified building. A qualified building is any...

  20. Intellectual property rights and the Canadian pharmaceutical marketplace: where do we go from here?

    PubMed

    Lexchin, Joel

    2005-01-01

    Patent protection for prescription drugs has a long and contentious history in Canada. Bills C-22 and C-91, passed as part of Canada's commitment to various trade deals, first weakened and then abolished compulsory licensing. In order to decide on a future course of action that Canada should take on intellectual property rights (IPRs), it is useful to review downstream effects that resulted from C-22 and C-91. This article examines changes to employment, Canada's balance of trade in pharmaceuticals, investment in research and development, and drug expenditures. The author then reviews the arguments advanced by the pharmaceutical industry in favor of stronger protection for IPRs, the recent complaints made against Canada at the World Trade Organization regarding pharmaceutical IPRs, and the continuing argument about the "evergreening" of patents. Also discussed are the second-draft text agreement of the Free Trade Area of the Americas, which will, if implemented, have significant repercussions for pharmaceutical IPRs in Canada, and some ways in which patents distort the marketplace for drugs. The article concludes with some alternative recommendations on the future of IPRs.

  1. 26 CFR 1.42-6 - Buildings qualifying for carryover allocations.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 26 Internal Revenue 1 2011-04-01 2009-04-01 true Buildings qualifying for carryover allocations. 1... INCOME TAXES Credits Against Tax § 1.42-6 Buildings qualifying for carryover allocations. (a) Carryover... carryover allocation may only be made with respect to a qualified building. A qualified building is any...

  2. 26 CFR 1.42-6 - Buildings qualifying for carryover allocations.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 26 Internal Revenue 1 2010-04-01 2010-04-01 true Buildings qualifying for carryover allocations. 1... INCOME TAXES Credits Against Tax § 1.42-6 Buildings qualifying for carryover allocations. (a) Carryover... carryover allocation may only be made with respect to a qualified building. A qualified building is any...

  3. 26 CFR 1.42-6 - Buildings qualifying for carryover allocations.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 26 Internal Revenue 1 2014-04-01 2013-04-01 true Buildings qualifying for carryover allocations. 1... INCOME TAXES Credits Against Tax § 1.42-6 Buildings qualifying for carryover allocations. (a) Carryover... carryover allocation may only be made with respect to a qualified building. A qualified building is any...

  4. Meeting the support needs of persons with mild intellectual disability or borderline intellectual functioning: still a long way to go.

    PubMed

    Nouwens, P J G; Smulders, N B M; Embregts, P J C M; van Nieuwenhuizen, C

    2017-12-01

    Among persons with a mild intellectual disability or borderline intellectual functioning, differences in their characteristics imply that a differentiated approach is required to meet their needs. This retrospective study examined whether the history of support/treatment programs and the type of healthcare providers involved matched the specific support needs of persons with a mild intellectual disability or borderline intellectual functioning. Five (previously identified) profiles of persons with a mild intellectual disability or borderline intellectual functioning were used to investigate to what extent the support needs of this group had been met. For the 250 persons with mild intellectual disability or borderline intellectual functioning who matched these five profiles, data were collected retrospectively from their case files. Persons with mild intellectual disability or borderline intellectual functioning received a very similar amount and type of support/treatment programs. Differences between the profiles were found for non-verbal therapy, residential treatment and contacts with social work. Regarding the type of healthcare providers involved, differences between the profiles emerged for specialised intellectual disability services, youth services and specialised addiction services. The support programs for a heterogeneous population of persons with mild intellectual disability or borderline intellectual functioning seem to be suboptimal, indicating that more differentiation is required in the services offered to these individuals. © 2017 MENCAP and International Association of the Scientific Study of Intellectual and Developmental Disabilities and John Wiley & Sons Ltd.

  5. 26 CFR 1.127-2 - Qualified educational assistance program.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 26 Internal Revenue 2 2011-04-01 2011-04-01 false Qualified educational assistance program. 1.127... Qualified educational assistance program. (a) In general. A qualified educational assistance program is a plan established and maintained by an employer under which the employer provides educational assistance...

  6. Forensic issues in intellectual disability.

    PubMed

    Søndenaa, Erik; Rasmussen, Kirsten; Nøttestad, Jim Aage

    2008-09-01

    The present paper reviews some of the most significant findings in the field of forensic issues related to intellectual disability over the last 2 years. Recent publications have explored the prevalence and assessment of intellectual disabilities in the criminal justice system, as well as individual characteristics of intellectual disabled offenders. Service by the criminal justice system and treatment of intellectual disabled offenders have also been explored. New insights into violence and sexual offences have been achieved, however identification and evidence-based treatment of intellectual disabled offenders are not widely explored issues. Progress in treatment studies, studies of the function of the criminal justice system and risk assessments have resulted in improvements in these aspects during recent years. The wide range of services involved in successful initiatives has been addressed, but some crucial aspects still receive too little attention. Differences between countries and cultures have not been emphasized, and the progress that has been achieved seems to be confined to countries with a clear policy and organized services for offenders with intellectual disabilities.

  7. 26 CFR 1.43-4 - Qualified enhanced oil recovery costs.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 26 Internal Revenue 1 2014-04-01 2013-04-01 true Qualified enhanced oil recovery costs. 1.43-4... TAXES Credits Against Tax § 1.43-4 Qualified enhanced oil recovery costs. (a) Qualifying costs—(1) In... “qualified enhanced oil recovery costs” if the amounts are paid or incurred with respect to an asset which is...

  8. How market smarts can protect property rights.

    PubMed

    Anand, Bharat; Galetovic, Alexander

    2004-12-01

    Intellectual property comprises an ever-increasing fraction of corporate wealth, but what's the good of that if an ever-increasing fraction of the property is copied or stolen? Faced with developing countries' limited and inadequately enforced patent and copyright laws, some companies are resorting to market-based strategies to protect their intellectual property. These include preempting or threatening competitors, embedding intellectual property in environments that can be protected, bundling insecure intellectual property with its more secure cousins, and actually entering the businesses that pose a threat. The authors urge companies coping with weak property rights to follow a decision tree when choosing which strategies to use and when: Start by thinking of the strategies that will protect your business's core. If, for example, a first-mover advantage is within reach, making yourself more committed to intellectual property could be the answer. If you and your rivals are equally matched, ask yourself, "Can those that threaten me with copying be copied in turn?" The knowledge that each of you can hurt the other may dampen the competitive intensity or even lead to voluntary sharing of property. If these solutions fail or don't apply, try forging a connection with a product or business closely related to your own. Doing so may prevent a valued asset from falling into a rival's hands or make the asset harder to misappropriate. This approach can even help you expand your piece of the market pie or reduce the cost of making the threatened product, perhaps to the point where you can compete against pirated goods. Finally, if there still doesn't seem to be a way of making money from your threatened product, you may choose to move into the very business that has hurt your own. Such strategies are behind the economics of successful companies like Intel and NBC, say the authors.

  9. 30 CFR 203.31 - If I have a qualified phase 2 or qualified phase 3 ultra-deep well, what royalty relief would...

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... § 203.36, your qualified well earns your lease an RSV shown in the following table in billions of cubic... 2 or qualified phase 3 ultra-deep wellthat is: Then your lease earns an RSV on this volume of gas... the price conditions in § 203.36, your qualified well earns your lease an RSV shown in the following...

  10. 30 CFR 203.31 - If I have a qualified phase 2 or qualified phase 3 ultra-deep well, what royalty relief would...

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... § 203.36, your qualified well earns your lease an RSV shown in the following table in billions of cubic... 2 or qualified phase 3 ultra-deep wellthat is: Then your lease earns an RSV on this volume of gas... the price conditions in § 203.36, your qualified well earns your lease an RSV shown in the following...

  11. 30 CFR 203.31 - If I have a qualified phase 2 or qualified phase 3 ultra-deep well, what royalty relief would...

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... § 203.36, your qualified well earns your lease an RSV shown in the following table in billions of cubic... 2 or qualified phase 3 ultra-deep wellthat is: Then your lease earns an RSV on this volume of gas... the price conditions in § 203.36, your qualified well earns your lease an RSV shown in the following...

  12. 9 CFR 201.73 - Scale operators to be qualified.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Scale operators to be qualified. 201... ACT Services § 201.73 Scale operators to be qualified. Stockyard owners, market agencies, dealers, packers, and live poultry dealers shall employ qualified persons to operate scales for weighing livestock...

  13. 26 CFR 1.110-1 - Qualified lessee construction allowances.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 26 Internal Revenue 2 2012-04-01 2012-04-01 false Qualified lessee construction allowances. 1.110... Qualified lessee construction allowances. (a) Overview. Amounts provided to a lessee by a lessor for... gross income if the amount is a qualified lessee construction allowance under paragraph (b) of this...

  14. 26 CFR 1.110-1 - Qualified lessee construction allowances.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 26 Internal Revenue 2 2011-04-01 2011-04-01 false Qualified lessee construction allowances. 1.110... Qualified lessee construction allowances. (a) Overview. Amounts provided to a lessee by a lessor for... gross income if the amount is a qualified lessee construction allowance under paragraph (b) of this...

  15. 26 CFR 1.110-1 - Qualified lessee construction allowances.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 26 Internal Revenue 2 2014-04-01 2014-04-01 false Qualified lessee construction allowances. 1.110... Qualified lessee construction allowances. (a) Overview. Amounts provided to a lessee by a lessor for... gross income if the amount is a qualified lessee construction allowance under paragraph (b) of this...

  16. 26 CFR 1.110-1 - Qualified lessee construction allowances.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 26 Internal Revenue 2 2010-04-01 2010-04-01 false Qualified lessee construction allowances. 1.110... Qualified lessee construction allowances. (a) Overview. Amounts provided to a lessee by a lessor for... gross income if the amount is a qualified lessee construction allowance under paragraph (b) of this...

  17. 26 CFR 1.110-1 - Qualified lessee construction allowances.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 26 Internal Revenue 2 2013-04-01 2013-04-01 false Qualified lessee construction allowances. 1.110... Qualified lessee construction allowances. (a) Overview. Amounts provided to a lessee by a lessor for... gross income if the amount is a qualified lessee construction allowance under paragraph (b) of this...

  18. 26 CFR 1.30-1 - Definition of qualified electric vehicle and recapture of credit for qualified electric vehicle.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... qualified electric vehicle—(1) In general—(i) Addition to tax. If a recapture event occurs with respect to a taxpayer's qualified electric vehicle, the taxpayer must add the recapture amount to the amount of tax due in the taxable year in which the recapture event occurs. The recapture amount is not treated as...

  19. 26 CFR 1.30-1 - Definition of qualified electric vehicle and recapture of credit for qualified electric vehicle.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... qualified electric vehicle—(1) In general—(i) Addition to tax. If a recapture event occurs with respect to a taxpayer's qualified electric vehicle, the taxpayer must add the recapture amount to the amount of tax due in the taxable year in which the recapture event occurs. The recapture amount is not treated as...

  20. 26 CFR 1.30-1 - Definition of qualified electric vehicle and recapture of credit for qualified electric vehicle.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... qualified electric vehicle—(1) In general—(i) Addition to tax. If a recapture event occurs with respect to a taxpayer's qualified electric vehicle, the taxpayer must add the recapture amount to the amount of tax due in the taxable year in which the recapture event occurs. The recapture amount is not treated as...

  1. 26 CFR 1.30-1 - Definition of qualified electric vehicle and recapture of credit for qualified electric vehicle.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... qualified electric vehicle—(1) In general—(i) Addition to tax. If a recapture event occurs with respect to a taxpayer's qualified electric vehicle, the taxpayer must add the recapture amount to the amount of tax due in the taxable year in which the recapture event occurs. The recapture amount is not treated as...

  2. 26 CFR 1.30-1 - Definition of qualified electric vehicle and recapture of credit for qualified electric vehicle.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... qualified electric vehicle—(1) In general—(i) Addition to tax. If a recapture event occurs with respect to a taxpayer's qualified electric vehicle, the taxpayer must add the recapture amount to the amount of tax due in the taxable year in which the recapture event occurs. The recapture amount is not treated as...

  3. 24 CFR 761.15 - Qualifying for funding.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 24 Housing and Urban Development 4 2012-04-01 2012-04-01 false Qualifying for funding. 761.15... AND PUBLIC AND INDIAN HOUSING PROGRAMS) DRUG ELIMINATION PROGRAMS Grant Funding § 761.15 Qualifying for funding. (a) Qualifications for PHDEP funding—(1) Eligible applicants. The following are eligible...

  4. 24 CFR 761.15 - Qualifying for funding.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 24 Housing and Urban Development 4 2013-04-01 2013-04-01 false Qualifying for funding. 761.15... AND PUBLIC AND INDIAN HOUSING PROGRAMS) DRUG ELIMINATION PROGRAMS Grant Funding § 761.15 Qualifying for funding. (a) Qualifications for PHDEP funding—(1) Eligible applicants. The following are eligible...

  5. 12 CFR 621.4 - Audit by qualified public accountant.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Audit by qualified public accountant. 621.4... REQUIREMENTS General Rules § 621.4 Audit by qualified public accountant. (a) Each institution shall, at least annually, have its financial statements audited by a qualified public accountant in accordance with...

  6. 12 CFR 621.4 - Audit by qualified public accountant.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 12 Banks and Banking 7 2013-01-01 2013-01-01 false Audit by qualified public accountant. 621.4... REQUIREMENTS General Rules § 621.4 Audit by qualified public accountant. (a) Each institution shall, at least annually, have its financial statements audited by a qualified public accountant in accordance with...

  7. 12 CFR 621.4 - Audit by qualified public accountant.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 12 Banks and Banking 6 2011-01-01 2011-01-01 false Audit by qualified public accountant. 621.4... REQUIREMENTS General Rules § 621.4 Audit by qualified public accountant. (a) Each institution shall, at least annually, have its financial statements audited by a qualified public accountant in accordance with...

  8. 12 CFR 621.4 - Audit by qualified public accountant.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 12 Banks and Banking 7 2014-01-01 2014-01-01 false Audit by qualified public accountant. 621.4... REQUIREMENTS General Rules § 621.4 Audit by qualified public accountant. (a) Each institution shall, at least annually, have its financial statements audited by a qualified public accountant in accordance with...

  9. 12 CFR 621.4 - Audit by qualified public accountant.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 12 Banks and Banking 7 2012-01-01 2012-01-01 false Audit by qualified public accountant. 621.4... REQUIREMENTS General Rules § 621.4 Audit by qualified public accountant. (a) Each institution shall, at least annually, have its financial statements audited by a qualified public accountant in accordance with...

  10. Psychometric Comparisons of Three Measures for Assessing Motor Functions in Preschoolers with Intellectual Disabilities

    ERIC Educational Resources Information Center

    Wuang, Y-P.; Su, C-Y.; Huang, M-H.

    2012-01-01

    Background: Deficit in motor performance is common in children with intellectual disabilities (ID). A motor function measure with sound psychometric properties is indispensable for clinical and research use. The purpose of this study was to compare the psychometric properties of three commonly used clinical measures for assessing motor function in…

  11. Understanding Intellectual Disability through Rasopathies

    PubMed Central

    Alvaro, San Martín; Rafael, Pagani Mario

    2014-01-01

    Intellectual disability, commonly known as mental retardation in the International Classification of Disease from World Health Organization, is the term that describes an intellectual and adaptive cognitive disability that begins in early life during the developmental period. Currently the term intellectual disability is the preferred one. Although our understanding of the physiological basis of learning and learning disability is poor, a general idea is that such condition is quite permanent. However, investigations in animal models suggest that learning disability can be functional in nature and as such reversible through pharmacology or appropriate learning paradigms. A fraction of the cases of intellectual disability is caused by point mutations or deletions in genes that encode for proteins of the RAS/MAP Kinase signaling pathway known as RASopathies. Here we examined the current understanding of the molecular mechanisms involved in this group of genetic disorders focusing in studies which provide evidence that intellectual disability is potentially treatable and curable. The evidence presented supports the idea that with the appropriate understanding of the molecular mechanisms involved, intellectual disability could be treated pharmacologically and perhaps through specific mechanistic-based teaching strategies. PMID:24859216

  12. Understanding intellectual disability through RASopathies.

    PubMed

    San Martín, Alvaro; Pagani, Mario Rafael

    2014-01-01

    Intellectual disability, commonly known as mental retardation in the International Classification of Disease from World Health Organization, is the term that describes an intellectual and adaptive cognitive disability that begins in early life during the developmental period. Currently the term intellectual disability is the preferred one. Although our understanding of the physiological basis of learning and learning disability is poor, a general idea is that such condition is quite permanent. However, investigations in animal models suggest that learning disability can be functional in nature and as such reversible through pharmacology or appropriate learning paradigms. A fraction of the cases of intellectual disability is caused by point mutations or deletions in genes that encode for proteins of the RAS/MAP kinase signaling pathway known as RASopathies. Here we examined the current understanding of the molecular mechanisms involved in this group of genetic disorders focusing in studies which provide evidence that intellectual disability is potentially treatable and curable. The evidence presented supports the idea that with the appropriate understanding of the molecular mechanisms involved, intellectual disability could be treated pharmacologically and perhaps through specific mechanistic-based teaching strategies. Copyright © 2014 Elsevier Ltd. All rights reserved.

  13. 26 CFR 1.405-1 - Qualified bond purchase plans.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ...) and Treasury Department Circular, Public Debt Series—No. 1-63. (b) Qualified bond purchase plans. (1...) Under a qualified bond purchase plan, the bonds may be distributed to the employees at any time, and the.... Accordingly, even though a qualified bond purchase plan is designed as a pension plan, it need not provide...

  14. 26 CFR 1.7704-3 - Qualifying income.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 26 Internal Revenue 13 2010-04-01 2010-04-01 false Qualifying income. 1.7704-3 Section 1.7704-3 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES General Actuarial Valuations § 1.7704-3 Qualifying income. (a) Certain investment income—(1...

  15. Motor Performance of Children with Mild Intellectual Disability and Borderline Intellectual Functioning

    ERIC Educational Resources Information Center

    Vuijk, P. J.; Hartman, E.; Scherder, E.; Visscher, C.

    2010-01-01

    Background: There is a relatively small body of research on the motor performance of children with mild intellectual disabilities (MID) and borderline intellectual functioning (BIF). Adequate levels of motor skills may contribute to lifelong enjoyment of physical activity, participation in sports and healthy lifestyles. The present study compares…

  16. 26 CFR 1.405-1 - Qualified bond purchase plans.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ..., see section 405(b) and Treasury Department Circular, Public Debt Series—No. 1-63. (b) Qualified bond...) Under a qualified bond purchase plan, the bonds may be distributed to the employees at any time, and the.... Accordingly, even though a qualified bond purchase plan is designed as a pension plan, it need not provide...

  17. 26 CFR 1.468B-1 - Qualified settlement funds.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 26 Internal Revenue 6 2010-04-01 2010-04-01 false Qualified settlement funds. 1.468B-1 Section 1... (CONTINUED) INCOME TAXES Taxable Year for Which Deductions Taken § 1.468B-1 Qualified settlement funds. (a) In general. A qualified settlement fund is a fund, account, or trust that satisfies the requirements...

  18. Environmental Protection Versus Intellectual Property: The U.S-Mexico Free Trade Agreement Negotiations.

    ERIC Educational Resources Information Center

    Foy, George

    1992-01-01

    Compares the U.S. objective of protecting the knowledge required to develop certain products to environmental protection in the United States-Mexico Free Trade Act negotiations. Argues that environmental regulation should be included in the negotiations with force equal to that for intellectual rights protection. (55 references) (MDH)

  19. 30 CFR 75.812-1 - Qualified person.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 30 Mineral Resources 1 2010-07-01 2010-07-01 false Qualified person. 75.812-1 Section 75.812-1 Mineral Resources MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR COAL MINE SAFETY AND HEALTH MANDATORY SAFETY STANDARDS-UNDERGROUND COAL MINES Underground High-Voltage Distribution § 75.812-1 Qualified...

  20. Introduction to Intellectual Property: A U.S. Perspective

    PubMed Central

    Murphy, Amanda; Stramiello, Michael; Lewis, Stacy; Irving, Tom

    2015-01-01

    This review introduces patents and trade secrets, the two mechanisms that U.S. law provides inventors to protect their inventions. These mechanisms are mutually exclusive: One demands disclosure and the other calls for concealment. Many biotechnology innovators opt for patents, which grant legal, time-limited monopolies to eligible inventions. To obtain a patent in the United States, an invention must be useful to the public and made or altered by the hand of man. It must then clear the hurdles of novelty and nonobviousness. If an invention can do that, obtaining a patent becomes a matter of form: Who qualifies as an inventor? Does the application demonstrate possession, stake a clear claim to the protection sought, and enable “ordinary” colleagues to replicate it? Has the inventor purposely withheld anything? This review addresses each of these hurdles as they apply to biotech inventions. PMID:25818665

  1. 30 CFR 203.41 - If I have a qualified deep well or a qualified phase 1 ultra-deep well, what royalty relief would...

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... qualified deep well or qualified phase 1 ultra-deep well, earns an RSV specified in paragraph (b) of this... a qualified phase 1 ultra-deep well, earns an RSV specified in paragraph (c) of this section. (b) If your lease meets the requirements in paragraph (a)(1) of this section, it earns the RSV prescribed in...

  2. 30 CFR 203.41 - If I have a qualified deep well or a qualified phase 1 ultra-deep well, what royalty relief would...

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... qualified deep well or qualified phase 1 ultra-deep well, earns an RSV specified in paragraph (b) of this... a qualified phase 1 ultra-deep well, earns an RSV specified in paragraph (c) of this section. (b) If your lease meets the requirements in paragraph (a)(1) of this section, it earns the RSV prescribed in...

  3. 30 CFR 203.41 - If I have a qualified deep well or a qualified phase 1 ultra-deep well, what royalty relief would...

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... qualified deep well or qualified phase 1 ultra-deep well, earns an RSV specified in paragraph (b) of this... a qualified phase 1 ultra-deep well, earns an RSV specified in paragraph (c) of this section. (b) If your lease meets the requirements in paragraph (a)(1) of this section, it earns the RSV prescribed in...

  4. Accident data study of concrete construction companies' similarities and differences between qualified and non-qualified workers in Spain.

    PubMed

    López-Arquillos, Antonio; Rubio-Romero, Juan Carlos; Gibb, Alistair

    2015-01-01

    The aim of this paper is to discuss findings from an analysis of accidents in concrete construction companies in Spain and to compare the accident rates of qualified and non-qualified workers. A total of 125,021 accidents between 2003 and 2008 involving both blue-collar and white-collar workers were analysed, comparing the variables of occupation, age, company staff, length of service, location of the accident, together with the severity of the accidents. Results showed that lack of experience in the first month is more significant in non-qualified workers and experienced supervisors and that head injuries are more likely to lead to fatalities. The most remarkable similarity was that fatal accidents to and from the worksite are a problem common to both groups of workers.

  5. Harnessing the Power of Intellectual Capital.

    ERIC Educational Resources Information Center

    Bassi, Laurie J.

    1997-01-01

    Describes intellectual capital--employees' brainpower, know-how, knowledge, and processes--and knowledge management--the processes by which a company creates and leverages intellectual capital--as the primary sources of competitive advantage in many industries. Offers ways to measure intellectual capital, a glossary, and additional resources. (JOW)

  6. Instruments Assessing Anxiety in Adults with Intellectual Disabilities: A Systematic Review

    ERIC Educational Resources Information Center

    Hermans, Heidi; van der Pas, Femke H.; Evenhuis, Heleen M.

    2011-01-01

    Background: In the last decades several instruments measuring anxiety in adults with intellectual disabilities have been developed. Aim: To give an overview of the characteristics and psychometric properties of self-report and informant-report instruments measuring anxiety in this group. Method: Systematic review of the literature. Results:…

  7. 26 CFR 52.4682-2 - Qualifying sales.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 26 Internal Revenue 17 2010-04-01 2010-04-01 false Qualifying sales. 52.4682-2 Section 52.4682-2... TAXES (CONTINUED) ENVIRONMENTAL TAXES § 52.4682-2 Qualifying sales. (a) In general—(1) Special rules applicable to certain sales. Special rules apply to sales of ODCs in the following cases: (i) Under section...

  8. Intellectual Property Issues in the Library Network Context. Proceedings of the Library of Congress Network Advisory Committee Meeting (Washington, D.C., March 23-25, 1988). Network Planning Paper Number 17.

    ERIC Educational Resources Information Center

    Library of Congress, Washington, DC. Network Development and MARC Standards Office.

    The first half of the proceedings consists of three papers presented during the program session of a Library of Congress Network Advisory Committee (NAC) meeting. The first, a background paper by Robert L. Oakley, identifies some of the problems that modern information technology has created for the intellectual property system in the United…

  9. Medicine procurement and the use of flexibilities in the Agreement on Trade-Related Aspects of Intellectual Property Rights, 2001–2016

    PubMed Central

    Veraldi, Jacquelyn; Toebes, Brigit; Hogerzeil, Hans V

    2018-01-01

    Abstract Millions of people, particularly in low- and middle-income countries, lack access to effective pharmaceuticals, often because they are unaffordable. The 2001 Ministerial Conference of the World Trade Organization (WTO) adopted the Doha Declaration on the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement and Public Health. The declaration recognized the implications of intellectual property rights for both new medicine development and the price of medicines. The declaration outlined measures, known as TRIPS flexibilities, that WTO Members can take to ensure access to medicines for all. These measures include compulsory licensing of medicines patents and the least-developed countries pharmaceutical transition measure. The aim of this study was to document the use of TRIPS flexibilities to access lower-priced generic medicines between 2001 and 2016. Overall, 176 instances of the possible use of TRIPS flexibilities by 89 countries were identified: 100 (56.8%) involved compulsory licences or public noncommercial use licences and 40 (22.7%) involved the least-developed countries pharmaceutical transition measure. The remainder were: 1 case of parallel importation; 3 research exceptions; and 32 non-patent-related measures. Of the 176 instances, 152 (86.4%) were implemented. They covered products for treating 14 different diseases. However, 137 (77.8%) concerned medicines for human immunodeficiency virus infection and acquired immune deficiency syndrome or related diseases. The use of TRIPS flexibilities was found to be more frequent than is commonly assumed. Given the problems faced by countries today in procuring high-priced, patented medicines, the practical, legal pathway provided by TRIPS flexibilities for accessing lower-cost generic equivalents is increasingly important. PMID:29531417

  10. Adipose-Derived Stem Cells in Aesthetic Surgery: A Mixed Methods Evaluation of the Current Clinical Trial, Intellectual Property, and Regulatory Landscape.

    PubMed

    Arshad, Zeeshaan; Halioua-Haubold, Celine-Lea; Roberts, Mackenna; Urso-Baiarda, Fulvio; Branford, Oliver A; Brindley, David A; Davies, Benjamin M; Pettitt, David

    2018-02-17

    Adipose tissue, which can be readily harvested via a number of liposuction techniques, offers an easily accessible and abundant source of adipose-derived stem cells (ASCs). Consequently, ASCs have become an increasingly popular reconstructive option and a novel means of aesthetic soft tissue augmentation. This paper examines recent advances in the aesthetic surgery field, extending beyond traditional review formats to incorporate a comprehensive analysis of current clinical trials, adoption status, and the commercialization pathway. Keyword searches were carried out on clinical trial databases to search for trials using ASCs for aesthetic indications. An intellectual property landscape was created using commercial software (Thomson Reuters Thomson Innovation, New York, NY). Analysis of who is claiming what in respect of ASC use in aesthetic surgery for commercial purposes was analyzed by reviewing the patent landscape in relation to these techniques. Key international regulatory guidelines were also summarized. Completed clinical trials lacked robust controls, employed small sample sizes, and lacked long-term follow-up data. Ongoing clinical trials still do not address such issues. In recent years, claims to intellectual property ownership have increased in the "aesthetic stem cell" domain, reflecting commercial interest in the area. However, significant translational barriers remain including regulatory challenges and ethical considerations. Further rigorous randomized controlled trials are required to delineate long-term clinical efficacy and safety. Providers should consider the introduction of patient reported outcome metrics to facilitate clinical adoption. Robust regulatory and ethical policies concerning stem cells and aesthetic surgery should be devised to discourage further growth of "stem cell tourism." © 2017 The American Society for Aesthetic Plastic Surgery, Inc. Reprints and permission: journals.permissions@oup.com

  11. 49 CFR 604.15 - Registration of qualified human service organizations.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 49 Transportation 7 2011-10-01 2011-10-01 false Registration of qualified human service... Human Service Organizations and Duties for Recipients With Respect to Charter Registration Web site § 604.15 Registration of qualified human service organizations. (a) Qualified human service...

  12. 49 CFR 604.15 - Registration of qualified human service organizations.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 49 Transportation 7 2014-10-01 2014-10-01 false Registration of qualified human service... Human Service Organizations and Duties for Recipients With Respect to Charter Registration Web site § 604.15 Registration of qualified human service organizations. (a) Qualified human service...

  13. 49 CFR 604.15 - Registration of qualified human service organizations.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 49 Transportation 7 2012-10-01 2012-10-01 false Registration of qualified human service... Human Service Organizations and Duties for Recipients With Respect to Charter Registration Web site § 604.15 Registration of qualified human service organizations. (a) Qualified human service...

  14. 49 CFR 604.15 - Registration of qualified human service organizations.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 49 Transportation 7 2013-10-01 2013-10-01 false Registration of qualified human service... Human Service Organizations and Duties for Recipients With Respect to Charter Registration Web site § 604.15 Registration of qualified human service organizations. (a) Qualified human service...

  15. Alaska High School Graduation Qualifying Examination Booklet.

    ERIC Educational Resources Information Center

    Alaska State Dept. of Education, Juneau.

    This booklet is an explanation of what the Alaska High School Graduation Qualifying Examination means to Alaskans and how it fits into a larger school accountability reform initiative. The high school class of 2002 is the first group of students who will need to pass the High School Graduation Qualifying Examination to receive a high school…

  16. In Every Core Class, a Qualified Teacher...

    ERIC Educational Resources Information Center

    Keller, Bess

    2006-01-01

    This article reports the teacher-quality plans of putting a highly qualified teacher in every core class which were due to the Education Department in July 7. In the plans, states are required to describe which groups of teachers are not yet highly qualified according to the federal standard, how they would help--and prod--districts to use only…

  17. 24 CFR 200.190 - HUD list of qualified 203(k) consultants.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 24 Housing and Urban Development 2 2012-04-01 2012-04-01 false HUD list of qualified 203(k... Participation in FHA Programs Section 203(k) Rehabilitation Loan Consultants § 200.190 HUD list of qualified 203(k) consultants. (a) Qualified consultant list. HUD maintains a list of qualified consultants for use...

  18. 24 CFR 200.190 - HUD list of qualified 203(k) consultants.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false HUD list of qualified 203(k... Participation in FHA Programs Section 203(k) Rehabilitation Loan Consultants § 200.190 HUD list of qualified 203(k) consultants. (a) Qualified consultant list. HUD maintains a list of qualified consultants for use...

  19. 24 CFR 200.190 - HUD list of qualified 203(k) consultants.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 24 Housing and Urban Development 2 2013-04-01 2013-04-01 false HUD list of qualified 203(k... Participation in FHA Programs Section 203(k) Rehabilitation Loan Consultants § 200.190 HUD list of qualified 203(k) consultants. (a) Qualified consultant list. HUD maintains a list of qualified consultants for use...

  20. 24 CFR 200.190 - HUD list of qualified 203(k) consultants.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 24 Housing and Urban Development 2 2011-04-01 2011-04-01 false HUD list of qualified 203(k... Participation in FHA Programs Section 203(k) Rehabilitation Loan Consultants § 200.190 HUD list of qualified 203(k) consultants. (a) Qualified consultant list. HUD maintains a list of qualified consultants for use...

  1. 24 CFR 200.190 - HUD list of qualified 203(k) consultants.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 24 Housing and Urban Development 2 2014-04-01 2014-04-01 false HUD list of qualified 203(k... Participation in FHA Programs Section 203(k) Rehabilitation Loan Consultants § 200.190 HUD list of qualified 203(k) consultants. (a) Qualified consultant list. HUD maintains a list of qualified consultants for use...

  2. 32 CFR 37.1345 - Property.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... TECHNOLOGY INVESTMENT AGREEMENTS Definitions of Terms Used in This Part § 37.1345 Property. Real property, equipment, supplies, and intellectual property, unless stated otherwise. ... 32 National Defense 1 2010-07-01 2010-07-01 false Property. 37.1345 Section 37.1345 National...

  3. 32 CFR 37.1345 - Property.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... TECHNOLOGY INVESTMENT AGREEMENTS Definitions of Terms Used in This Part § 37.1345 Property. Real property, equipment, supplies, and intellectual property, unless stated otherwise. ... 32 National Defense 1 2011-07-01 2011-07-01 false Property. 37.1345 Section 37.1345 National...

  4. Introduction to Intellectual Property: A U.S. Perspective.

    PubMed

    Murphy, Amanda; Stramiello, Michael; Lewis, Stacy; Irving, Tom

    2015-03-27

    This review introduces patents and trade secrets, the two mechanisms that U.S. law provides inventors to protect their inventions. These mechanisms are mutually exclusive: One demands disclosure and the other calls for concealment. Many biotechnology innovators opt for patents, which grant legal, time-limited monopolies to eligible inventions.To obtain a patent in the United States, an invention must be useful to the public and made or altered by the hand of man. It must then clear the hurdles of novelty and nonobviousness. If an invention can do that, obtaining a patent becomes a matter of form: Who qualifies as an inventor? Does the application demonstrate possession, stake a clear claim to the protection sought, and enable "ordinary" colleagues to replicate it? Has the inventor purposely withheld anything? This review addresses each of these hurdles as they apply to biotech inventions. Copyright © 2015 Cold Spring Harbor Laboratory Press; all rights reserved.

  5. 26 CFR 1.468B-2 - Taxation of qualified settlement funds and related administrative requirements.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... related administrative requirements. 1.468B-2 Section 1.468B-2 Internal Revenue INTERNAL REVENUE SERVICE... claimants. Amounts that are distributed by a qualified settlement fund to, or on behalf of, a transferor or... transfers of property to foreign entities under section 1491. (h) Denial of credits against tax. The tax...

  6. 26 CFR 1.468B-2 - Taxation of qualified settlement funds and related administrative requirements.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... related administrative requirements. 1.468B-2 Section 1.468B-2 Internal Revenue INTERNAL REVENUE SERVICE... claimants. Amounts that are distributed by a qualified settlement fund to, or on behalf of, a transferor or... transfers of property to foreign entities under section 1491. (h) Denial of credits against tax. The tax...

  7. Assessment of the Self-Determination of Spanish Students with Intellectual Disabilities and other Educational Needs

    PubMed Central

    Gomez-Vela, Maria; Verdugo, Miguel Angel; Gonzalez Gil, Francisca; Corbella, Marta Badia; Wehmeyer, Michael L.

    2014-01-01

    The purpose of this study was to assess the self-determination of Spanish high school students with Intellectual Disability and other Special Educational Needs (SEN). A total of 371 students between 11 and 17 years of age participated in the study. Of these, 46.4% (n=171) presented SEN, specifically learning disabilities (n=97; 26.2%), borderline and intellectual disability with higher IQ scores (n=43; 11.6%) and mild intellectual disability (n=32; 8.6%). The remaining students without SEN made up the control group. The assessment was carried out using a translated and validated Spanish version of The Arc’s Self-Determination Scale (Wehmeyer, 1995). This measure had appropriate psychometric properties. Students with SEN obtained significantly lower scores than their peers without SEN. However, no differences were found in relation to the type of SEN or, more specifically, in relation to the presence of intellectual disability. The educational implications of the results are discussed. PMID:25057433

  8. Scholars, Intellectuals, and Bricoleurs

    ERIC Educational Resources Information Center

    Papson, Stephen

    2014-01-01

    This essay explores three orientations to knowledge: the scholar, the intellectual, and the bricoleur. It argues that although the scholar and the intellectual are tied closely to the Liberal Arts and Humanities and dominate academic public relations discourse, both students and faculty increasingly use the practice of bricolage to gather and…

  9. The bioethicist as public intellectual.

    PubMed

    Parsi, Kayhan P; Geraghty, Karen E

    2004-01-01

    Public intellectuals have long played a role in American culture, filling the gap between the academic elite and the educated public. According to some commentators, the role of the public intellectual has undergone a steady decline for the past several decades, being replaced by the academic expert. The most notable cause of this decline has been both the growth of the academy in the twentieth century,which has served to concentrate intellectual activity within its confines, and the changing nature of the media, which has framed the way in which information is conveyed to the public. We argue that although bioethics has developed primarily within the academic tradition and utilized the role of expert when dealing with the public, bioethicists are well suited to don the mantle of the public intellectual. Indeed, because they address issues in medicine and science of great relevance for the general public, bioethicists have a duty to revitalize the tradition of public intellectuals as a necessary complement to the important, but narrower role of the expert.

  10. Debunking Anti-Intellectualism: An Examination of African American College Students' Intellectual Self-Concepts

    ERIC Educational Resources Information Center

    Cole, Darnell

    2011-01-01

    Framed within the debate on African American "anti-intellectualism," this study examined a longitudinal sample of 460 African American students' intellectual self-concept and college grades (GPA) through regression analyses resulting from their college experiences. The findings showed that the college environment had a modest influence on African…

  11. 42 CFR 417.414 - Qualifying condition: Range of services.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... SERVICES (CONTINUED) MEDICARE PROGRAM HEALTH MAINTENANCE ORGANIZATIONS, COMPETITIVE MEDICAL PLANS, AND HEALTH CARE PREPAYMENT PLANS Qualifying Conditions for Medicare Contracts § 417.414 Qualifying condition...

  12. 10 CFR 603.1315 - Property.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 10 Energy 4 2011-01-01 2011-01-01 false Property. 603.1315 Section 603.1315 Energy DEPARTMENT OF ENERGY (CONTINUED) ASSISTANCE REGULATIONS TECHNOLOGY INVESTMENT AGREEMENTS Definitions of Terms Used in this Part § 603.1315 Property. Real property, equipment, supplies, and intellectual property, unless...

  13. 10 CFR 603.1315 - Property.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false Property. 603.1315 Section 603.1315 Energy DEPARTMENT OF ENERGY (CONTINUED) ASSISTANCE REGULATIONS TECHNOLOGY INVESTMENT AGREEMENTS Definitions of Terms Used in this Part § 603.1315 Property. Real property, equipment, supplies, and intellectual property, unless...

  14. 7 CFR 1220.313 - Qualified State Soybean Boards.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 7 Agriculture 10 2011-01-01 2011-01-01 false Qualified State Soybean Boards. 1220.313 Section 1220... SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE SOYBEAN... Soybean Boards. The following State soybean promotion organizations shall be Qualified State Soybean...

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    Code of Federal Regulations, 2010 CFR

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    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Qualified Public Accountant or External Auditor... § 619.9270 Qualified Public Accountant or External Auditor. A qualified public accountant or external... constituted State authority, identifying such person as a certified public accountant; (b) Is licensed to...

  16. 26 CFR 1.1275-6 - Integration of qualifying debt instruments.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 26 Internal Revenue 11 2010-04-01 2010-04-01 true Integration of qualifying debt instruments. 1....1275-6 Integration of qualifying debt instruments. (a) In general. This section generally provides for the integration of a qualifying debt instrument with a hedge or combination of hedges if the combined...

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    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 12 Banks and Banking 6 2011-01-01 2011-01-01 false Qualified Public Accountant or External Auditor... § 619.9270 Qualified Public Accountant or External Auditor. A qualified public accountant or external... constituted State authority, identifying such person as a certified public accountant; (b) Is licensed to...

  18. 12 CFR 619.9270 - Qualified Public Accountant or External Auditor.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 12 Banks and Banking 7 2012-01-01 2012-01-01 false Qualified Public Accountant or External Auditor... § 619.9270 Qualified Public Accountant or External Auditor. A qualified public accountant or external... constituted State authority, identifying such person as a certified public accountant; (b) Is licensed to...

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    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 12 Banks and Banking 7 2013-01-01 2013-01-01 false Qualified Public Accountant or External Auditor... § 619.9270 Qualified Public Accountant or External Auditor. A qualified public accountant or external... constituted State authority, identifying such person as a certified public accountant; (b) Is licensed to...

  20. 12 CFR 619.9270 - Qualified Public Accountant or External Auditor.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 12 Banks and Banking 7 2014-01-01 2014-01-01 false Qualified Public Accountant or External Auditor... § 619.9270 Qualified Public Accountant or External Auditor. A qualified public accountant or external... constituted State authority, identifying such person as a certified public accountant; (b) Is licensed to...