53 resultados para Individual property rights


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We examine how the probability of persuading an audience depends on resources expended by contending parties as well as on other factors. We use a Bayesian approach whereby the audience makes inferences solely based on the evidence produced by the contestants. We find conditions that yield the well-known additive contest success function, including the logit function. We also find conditions that produce a generalized “difference” functional form. In all cases, there are three main determinants of audience choice: (i) the truth and other objective parameters of the environment; (ii) the biases of the audience, and (iii) the resources expended by the interested parties.

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The Pharmaceutical Industry presents one of India’s most successful stories of economic expansion and improvements in public health. Indian firms have made access to quality medicines possible and affordable in many developing countries. Indian pharmaceuticals are also exported on a large scale to the United States and other highly regulated markets. A wave of mergers, acquisitions and tie-ups point to growing integration between Indian firms and global pharma multinationals.

The Politics of the Pharmaceutical Industry and Access to Medicines: World Pharmacy and India examines this important industry from different economic, social and political perspectives. Topics covered include the implications of TRIPS-compliant intellectual property rights, the role of flexibilities under TRIPS, the market regulation system, the role of Indian firms in exporting HIV/AIDS medications to Africa, the issue of free trade agreements, the power and reach of foreign pharmaceutical multinationals in India’s domestic market, and the sustainability of India as a major generics supplier.

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India makes cheap medicines for poor people around the world. The EU, pharmaceutical firms and now the US are pressuring the 'pharmacy of the developing world' to change tack

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Remix in writing has very different expressions, and is grounded in very different legal, philosophical and creative materialisms, in Western and Chinese cultures. The infringement of authors’ Intellectual Property Rights (IPRs) in China is not only an irritant for Chinese-Western commercial and legal relations. It also points to different formations of the creative and legal domains across global space, and serves to introduce notions of creativity and originality that are largely unfamiliar in the West. Calligraphy, as a pictorial and material mode of writing, comprises a practice of Chinese remix in which the apprentice traces the lines of the master’s work: repetition of Yun 韵 (‘composed body movements’) stimulates the expression of Qing 情 (‘feelings’). What appears from a distance to be slavish imitation actually involves a philosophy of learning (or more precisely, of ‘unlearnt learning’) that, bypassing plagiarism’s traps, effectively ‘remixes remix’ as a creative model no longer dependent on the familiar Western rationales for the legitimacy of remix as appropriation, homage and/or pastiche. To see this though, one has to deploy a Taoist rather than a Confucian framework in the analysis of calligraphic practices. The case of Kathy Acker, allied with the work of Gilles Deleuze, reveals a largely invisible lineage of Taoist-influenced remix in Western creative writing. In this way, calligraphy emerges as a model of remix relevant to all forms of writing—for all writing is material, whether calligraphic or not. Further, as Acker shows, the materiality of writing constantly replenishes its remixing with cultural elements that may not be otherwise visible.

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The shift from an international to a global world order has substantially transformed how health is produced at the global level and, consequently, how health can be regulated at the global level. This entails that analysts concerned with global health need new sets of theoretical tools to analyse global health governance. This chapter presents three different case studies (Framework Convention on Tobacco Control, trade agreement on intellectual property rights in relation to access to medicines and national policies on global health) analyzing major governance issues through different theoretical perspectives (implementation theories, a critical discourse analysis, theories on the formulation and circulation of policy ideas). This chapter ends with a tentative way to make sense of global health governance research that accommodates different research questions and theoretical perspectives.

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The focus of this paper is to test whether free market institutions that protect property rights and support freedom of choice and voluntary exchange can change the curse of natural resources into a blessing. To examine the above question, this paper uses the Fraser Institute's economic freedom index and its five sub-indices, namely government size, property rights, access to sound money, freedom to trade, and setting proper regulations. Using data from 99 sample countries over the period 1970-2010, the system GMM estimates suggest that the negative growth effects of resource rents may turn positive in countries with greater economic freedom.

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© 2013 Baylor University. Using data from 65,485 Chinese private small and medium-sized enterprises over the period 2000-2006, we examine the extent to which firms can improve access to debt by adopting strategies aimed at building social capital, namely entertaining and gift giving to others in their social network, and obtaining political affiliation. We find that although entertainment and gift-giving expenditure leads to higher levels of total and short-term debt, it does not enable firms to obtain greater long-term debt. In contrast, we demonstrate that obtaining political affiliation allows firms greater access to long-term debt.

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Public health advocates aim to maximise affordable access to good quality essential medicines. This goal often conflicts with the profit-seeking ambitions of the pharmaceutical industry. Since the World Trade Organisation’s Trade-Related Aspects of Intellectual Property Rights agreement, the extension and enforcement of intellectual property (IP) rights has become the dominant discourse in global medicines governance. Public health advocates operating within this framework face significant obstacles and challenges. This paper presents an historical perspective to the contemporary debate over medicines and patents by examining the evolution of international medicines governance between the 1940s and 1970s. This research indicates that debates around IP and medicines were more advanced in terms of equity and access in the 1960s and 1970s than they are today. While acknowledging the existence of obstacles and challenges for advocates, the paper argues that alternative frameworks can and should be reasserted in global debates about medicines governance.

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This paper focuses on the need for designers to follow clear, concise, workable practises to engage appropriately and ethically with indigenous knowledge on projects involving the graphical depiction of indigenous culture. Incorporating indigenous symbols into visual communication design strategies impacts a wide range of stakeholders and therefore requires a sensitive approach with broad consultation in regard to permissions and intellectual property rights; issues can be worked through if respectful practice methods are applied. This paper acknowledges cultural appropriation is not new and that creative, cross cultural interpretation and expressions of hybridity should be encouraged. However respectful communication, consultation, and collaboration are required whenever commercial application of indigenous culture is attempted. To demonstrate the need for clarity, three case study examples will be presented, each with design solutions involving the use of graphical depictions of indigenous culture and each selected due to the varying degrees of stakeholder engagement undertaken in the design process. The introduction of the ladder of stakeholder engagement theory is a new concept introduced in this paper that can be employed to better consider the appropriate and ethical engagement of designers with indigenous knowledge.

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In this article it is contended that state practice, as evidenced in the  declarations of the judiciary and the many treaties and conventions  guaranteeing human rights, reveals a consensus of opinion acknowledging the individual to be an international juristic entity. So extensive is this practice that it could be seen as marking the emergence of a new customary international norm; or at least a general principle of international law, yet to crystallise into a custom; acknowledging the individual as the beneficiary of international rights. This is important for individuals and minority groups because if they possess international rights independently of the State, enforcement of their rights will no longer depend on the interests of the State. Where the State is often the offender of human rights, international law will not effectively confer any real rights unless the individual is so recognised as an international juristic entity.

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This article analyzes research and legal cases about authorship, authenticity, and intellectual property in Aboriginal art. The concepts of Aboriginality, authenticity, and ownership are used to show the complexities of Aboriginal law, legal copyright, and the moral rights framework. The clan ownership of Dreaming makes Aboriginal artists’ relationship different to other artists’ individual ownership of their work. Research on this topic by members of the Faculty of Business and Law unit of the Centre for Leisure Management Research at Deakin University was undertaken for the Australian Institute of Aboriginal and Torres Strait Islander Studies. This article provides significant contextual analyses of major issues leading to Commonwealth Government inquiries and legislation in Australia during 2006–8.