Current Issue

Volume 14 Issue 2
 

Establishing Appropriate Best Practices in Intellectual Property Management and Technology Transfer in the United Arab Emirates: Building Human Capital, Global Networks and Institutional Infrastructure to Drive Sustainable Knowledge-Based, Innovation-Driven Development - Stanley P. Kowalski
For the United Arab Emirates (UAE), to sustainably build, foster, and sustain accelerated transformation towards globally networked knowledge-based, innovation driven, economic development in the 21st century, a suite of internationally-standardized best practices (BP) in intellectual property (IP) management and technology transfer (tech transfer) will be necessary. Appropriate BP are not only integral to national and international IP law, practice, and management, but, perhaps more fundamentally, are critical as the UAE seeks to forge strategic partnerships linking the private (e.g., small/ medium enterprises: SMEs), government (e.g., funding sources), and public sectors (e.g., universities and research institutions), towards a dynamic nationally, regionally and globally interconnected innovation ecosystem. The importance of realizing the enormous, and indeed catalytic, potential which integration across these seemingly disparate sectors entails cannot be overstressed, and the urgency of addressing this challenge must not be delayed lest evanescent opportunities evaporate. However, the key initial questions should be: What are BP for the UAE to establish and follow in order to make this happen? Who should develop and then make use of such BP- UAE IP professionals or expatriate consultants and advisors? If UAE personnel (which it indeed must be) were to do this, then who should do this and how? This article addresses these questions in the context of building the human capital and institutional infrastructure in the UAE which will form the foundation for sustainable knowledge-based, innovation-driven development. It presents a candid appraisal of the current challenges that the UAE faces, the necessity to not only leap-frog from a petroleum-based to a knowledge-based economy but to catch-up in an ever accelerating, competitive, and unforgiving global IP/innovation economy, the role of IP management and tech-transfer expertise and requisite BP in this process, and the need to coherently and strategically implement a cultural transition in its citizens and institutions commensurate with this new century while recognizing the attendant risk, uncertainty, challenge, and opportunity.

PDF – Establishing Appropriate Best Practices in Intellectual Property Management and Technology Transfer in the United Arab Emirates: Building Human Capital, Global Networks and Institutional Infrastructure to Drive Sustainable Knowledge-Based, Innovation-Driven Development – Stanley P. Kowalski

 

The Conundrum of Internet Jurisdiction and how Us Law has Influenced the Jurisdiction Analysis in India - Julia Hörnle
This Article examines jurisdiction, in the sense of the competence of the courts from a US perspective in internet cases and compares this with the jurisdictional approach of the courts in India. Both the US and India are common law jurisdictions and since the US has been leading the technological internet revolution it is probably not surprising that Indian courts have been influenced by US legal approaches. At the same time, there are important legislative and constitutional differences in India, which makes it even more interesting to trace this influence in internet cases. The Article focuses on jurisdiction in tort (such as intellectual property and defamation) as well as contractual cases. The article contains a fine grained and conceptualised analysis of the latest case law and critiques some of the concepts, concluding that the “reasonableness” test should act as a filter to prevent jurisdictional overreach without narrowing the minimum contacts test.

PDF – The Conundrum of Internet Jurisdiction and how Us Law has Influenced the Jurisdiction Analysis in India – Julia Hörnle

 

The Right-To-Education Responsibilities of Book Publishing Companies - Emmanuel Kolawole Oke
The responsibilities of copyright owners, specifically book publishers, should be construed from a human rights perspective. Building on the work of John Ruggie and his ‘Guiding Principles on Business and Human Rights,’ this paper contends that book publishers have a responsibility to respect human rights including the right to education. As it relates to copyright law, respecting the right to education entails respecting the measures that countries have incorporated into their national copyright laws to facilitate access to learning materials. Furthermore, corporate actors that own copyright in learning materials should not use litigation or the threat of litigation to try to prevent teachers and students from relying on limitations and exceptions to copyright to gain access to learning materials.

PDF – The Right-To-Education Responsibilities of Book Publishing Companies – Emmanuel Kolawole Oke

 

Plant Breeders’ Rights, Farmers’ Rights and Food Security: Africa’s Failure of Resolve and India’s Wobbly Leadership - Chidi Oguamanam
Since 2000s, Africa and India severally rejected the notion that UPOV’s 1991 standard of Plant Breeders Rights (PBRs) is the only route to fulfil their obligations under Article 27 of the TRIPs Agreement. Objecting to the exclusive focus of the UPOV regime on formal plant breeders, African countries insisted on a holistic approach to plant breeders’ rights to include protection for rights of communities, farmers and their indigenous knowledge, innovation and practices. Consequently, under the African Union’s (AU) auspices, Africa proposed the Model Law for the Protection of the Rights of Local Communities and Breeders, and for Regulations of Access to Biological Resources. Self-evidently, the law not only recognises the centrality of the smallholder indigenous and local community farmers on the continent’s food production, it also underscores the interconnectedness of biodiversity conservation, farmers’ rights, traditional knowledge, access and benefit sharing over genetic resources within then emergent international regimes. Nearly two decades after, Africa’s resolve has proven to be fickle. The continent has reversed itself and fully embraced the UPOV regime. At about the same time as the Model Law, India enacted the Protection of Plant Varieties and Farmers’ Rights Act, 2001 – an instrument consistent with the spirit of Africa’s Model Law. Both regimes take into account the role of local farmers as the backbone of agricultural innovation, food production and food security in the developing world, including Africa and India, thereby further enhancing the idea of farmers’ rights in food and agriculture law and policy. This Article juxtaposes the circumstances around Africa’s failure of resolve and India’s wobbly experience over farmers’ rights. It calls attention to farmers’ rights as a site for a missed and yet potentially redeemable opportunity for both Africa and India to advance South-South solidarity for food security.

PDF – Plant Breeders’ Rights, Farmers’ Rights and Food Security: Africa’s Failure of Resolve and India’s Wobbly Leadership – Chidi Oguamanam