Category Archives: Law and Development
‘Book Review and Discount: Propriété intellectuelle et développement durable / Intellectual Property & Sustainable Development’
This Kat is delighted to present a review of Propriété intellectuelle et développement durable / Intellectual Property & Sustainable Development, edited by Prof Jacques de Werra (University of Geneva). Marking the 16th volume in the propriété intellectuelle – intellectual property collection, this book features contributions by seven authors. The chapters emerged following the Journée de […]
Keshava and Gupta, ‘A Study on Intellectual Property Rights and Economic Development in India’
ABSTRACT Human beings are blessed with a significant characteristic of intelligence which helps them to develop new ideas and creativity. These ideas lead to innovations in various fields like literature, art, science, technology and many more. Intellectual Property Rights (IPR) helps the creator to safeguard his work from being misused. India also supports IPR framework […]
Taysir Awad, ‘Universalizing Copyright Fair Use: To Copy, or Not to Copy?’
ABSTRACT This Article thoroughly examines the universal shift toward the US fair use doctrine. It begins with an elucidation of the fair use doctrine and its foreign counterparts, briefly explaining the history and function of each doctrine and differentiating them from one another. The Article then delves into the aspirations of foreign countries that have […]
Francesca Mazzi, ‘The intersections between Artificial Intelligence, Intellectual Property, and the Sustainable Development Goals’
ABSTRACT The Sustainable Development Goals (SDGs) represent the main hope for peace and prosperity in the near future, according to the 2030 UN Agenda. Artificial Intelligence (AI) is a significant technological advancement of the Fourth Industrial Revolution. Intellectual Property (IP) is the system that incentivises innovation worldwide. These three areas influence each other. This chapter […]
Rickcard Bett, ‘The Concept of Trade Secrets and its Effect on Economic Growth’
ABSTRACT Trade secrets are in the simplest of terms, secrets. A trade secret is an essential form of intellectual property whose economic value is contingent upon remaining secret. A very common example of this is the formula for Coca-Cola. This is a highly recognized trade secret. The use of trade secrets has been seen in […]
Boris Kozolchyk, ‘Legal reasoning and Latin America’s economic development’
ABSTRACT This article discusses how a method of legal reasoning employed first by French and Spanish legislators and judges and, subsequently, by their Latin American successors hindered the economic development of their respective countries. It suggests that significant economic development would be possible if legislators helped enact honest, reasonable, and fair versions of successful market […]
Stefan Voicu and Monica Vasile, ‘Grabbing the commons: Forest rights, capital and legal struggle in the Carpathian Mountains’
ABSTRACT In this paper we show that formalizing communal rights is a process riddled with struggles leading to a partial or total grabbing of commons. Drawing on long-term research and using interviews, surveys, and historical sources, we analyze struggles that emerged from processes of formalizing rights to commons, occurring one century apart in the Carpathian […]
Priya Gupta, ‘Globalizing Property’
ABSTRACT Property is more than domestic. It is international, transnational, and global. Its reach, its consequences, and its ideas can rarely be theorized effectively or contained entirely within national borders. It is produced through encounters between actors from multiple jurisdictions, and by law from multiple sources. It is not stable or static. It is contested […]
Yong-Shik Lee, ‘Property Rights and Economic Development’
ABSTRACT Formal private property rights (‘FPPRs’) have been advocated as an important prerequisite to economic development: a legal right to property ownership motivates economic players to engage in economic activities when these activities yield property interests, and this, in turn, contributes to economic development. All of the OECD countries today, which are economically advanced, protect […]
‘The quest for secure property rights in Africa’
“Builders are busy outside Louisa Qangiso’s house in Khayelitsha, a township on the outskirts of Cape Town. The 49-year-old is putting up eight studio flats in her backyard that she will rent out for 3,000 rand ($177) per month. This could almost triple the value of her property, from roughly 570,000 to 1.6m rand …” […]