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Rights to Software and Databases : From a Swedish Consulting Perspective / Rätt till Mjukvara och Databaser : Ur ett svenskt konsultingperspektivNilsson, Ola January 2009 (has links)
In recent times companies have been forced to become more and more digitalized in order to spread company information and facilitate communication with clients, con-sumers and their own employees. The knowledge to integrate software and launch the company into the digital world cannot always be found within the company itself. Therefore, companies often resort to employing consulting companies to enable this for them. Because of copyright, the software created does not solely belong to the employing company – the intellectual property rights automatically stay with the con-sulting company that made it. When the consulting company omits details concerning intellectual property rights in the employment contract, the standard rules in the Swedish Copyright Act and the international directives kick in and give the consulting company the full rights to the programmes that it has created – with a few exceptions. The employing company may only alter the software in order to ensure that it is fully compatible with the al-ready existing programmes it utilises and the operating system it uses. Even reverse engineering is permitted as long as the information gathered is only used for ensuring the compatibility. Information in databases is protected as it is creatively arranged in systematic or me-thodical way by the one that has made a substantial investment in obtaining, verifying or presenting the information. The substantial investment depends on the one that has taken the risk of investing in the particular database. As databases are rarely made by consulting companies on behalf of a client, and the rules are sufficiently clear as to whom the ownership of the database is, there are few questions concerning data-bases. Because of this, the assumption would be that the current legislation is work-ing properly. One of the more troubling issues in regards to copyright is that even though reverse engineering is illegal, proving infringement comes down to evidence and what parts that are quantitatively or qualitatively significant in the original programme. Cur-rently, there is no registry of copyrighted works in Sweden and so there is not telling who made the programme first if the work happens to spread. The creators of soft-ware have expressed concern and allegedly lobbied for a new directive giving more protection to the original creators. The culmination of the lobby work was the Soft-ware Patent Directive, which proposed that software should be seen as an invention and therefore eligible for patenting. However, there were many reasons as to why software should not be patented, most notably increased cost and the years of wait-ing for the patent grant, and the directive was rejected. Still, the concerns persisted and no greater protection has been given to the creators of software.
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A modern history of educating students with mild intellectual disabilities in Saskatchewan (1900-2002)Laird, Wanetta Jane 27 March 2003
This study is an historical analysis of the education for students with mild intellectual disabilities in Saskatchewan from 1900-2002. The thesis analyzed the beginnings of thought on the construct of intelligence, its hereditarian orientation, and the IQ test that originated in 1904 to measure individual differences in intelligence. The use of the IQ test was traced as it progressed through the eugenics movement that dominated from approximately 1900-1940, as well as the mental hygiene movement that was present during roughly the same time period. The importance of the concept of intelligence and the IQ test was analyzed for how it affected the identification of individuals with an intellectual disability, and how the identification process affected their treatment and education. The classification and educational placement of students identified with an intellectual disability had parallel affects on the curriculum for these students.
The changes in attitudes from eugenics and institutionalization of those identified with an intellectual disability and their subsequent deinstitutionalization, beginning in the 1960s, are examined for the effects these attitudinal shifts had on the education for these individuals. Education developed a system of special education that was based on measuring individual differences and making placement and curriculum decisions based upon these results. The education system in Saskatchewan developed from a segregationist philosophy to integration beginning in the 1970s. As the belief in the educability of these individuals and information on how to educate the intellectually disabled increased, a move towards full inclusion of these students began in the 1990s. As early as the 1970s, Saskatchewan Education began to develop specific curriculum guides and policies on the education of students with an intellectual disability. The progression of these documents up to 2002 is analyzed to determine the shifts in curriculum and student placement policy that occurred during this time period. The continuance of a reliance on the IQ test to identify and place students with an intellectual disability in the education system was analyzed. The attempt of Saskatchewan Education to deal with difficulties in providing for an appropriate education for students with an intellectual disability and suggestions for future directions are discussed.
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A modern history of educating students with mild intellectual disabilities in Saskatchewan (1900-2002)Laird, Wanetta Jane 27 March 2003 (has links)
This study is an historical analysis of the education for students with mild intellectual disabilities in Saskatchewan from 1900-2002. The thesis analyzed the beginnings of thought on the construct of intelligence, its hereditarian orientation, and the IQ test that originated in 1904 to measure individual differences in intelligence. The use of the IQ test was traced as it progressed through the eugenics movement that dominated from approximately 1900-1940, as well as the mental hygiene movement that was present during roughly the same time period. The importance of the concept of intelligence and the IQ test was analyzed for how it affected the identification of individuals with an intellectual disability, and how the identification process affected their treatment and education. The classification and educational placement of students identified with an intellectual disability had parallel affects on the curriculum for these students.
The changes in attitudes from eugenics and institutionalization of those identified with an intellectual disability and their subsequent deinstitutionalization, beginning in the 1960s, are examined for the effects these attitudinal shifts had on the education for these individuals. Education developed a system of special education that was based on measuring individual differences and making placement and curriculum decisions based upon these results. The education system in Saskatchewan developed from a segregationist philosophy to integration beginning in the 1970s. As the belief in the educability of these individuals and information on how to educate the intellectually disabled increased, a move towards full inclusion of these students began in the 1990s. As early as the 1970s, Saskatchewan Education began to develop specific curriculum guides and policies on the education of students with an intellectual disability. The progression of these documents up to 2002 is analyzed to determine the shifts in curriculum and student placement policy that occurred during this time period. The continuance of a reliance on the IQ test to identify and place students with an intellectual disability in the education system was analyzed. The attempt of Saskatchewan Education to deal with difficulties in providing for an appropriate education for students with an intellectual disability and suggestions for future directions are discussed.
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The Cloak of Copyright: How Costco v. Omega Enabled Price DiscriminationSohi, Jacinth K 01 January 2011 (has links)
In December of 2010, Costco v. Omega came down from the Supreme Court. The Switzerland-based watchmaker Omega sold Seamaster Collection watches, which were affixed with its copyrighted logo, in the United States as well as in foreign markets. Omega priced watches in the United States market higher than elsewhere. Costco obtained Omega’s watches from a third party that had purchased the watches abroad, then sold them at its membership warehouses for cheaper prices than authorized Omega dealers in the United States. Consequently, Omega sued Costco for copyright infringement. Costco pursued a defense based on the first sale doctrine in response. While from a legal perspective the case was a copyright dispute, this categorization does not make sense from an economic view. Rather, the application of economic models reveals that the core issue in Costco centers about price discrimination, not copyright. This thesis uses a law and economics framework to analyze the facts of and the decision in Costco to determine whether the outcome was welfare maximizing and to assess the implications that the case will have on copyright law in the future.
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Rights to Software and Databases : From a Swedish Consulting Perspective / Rätt till Mjukvara och Databaser : Ur ett svenskt konsultingperspektivNilsson, Ola January 2009 (has links)
<p>In recent times companies have been forced to become more and more digitalized in order to spread company information and facilitate communication with clients, con-sumers and their own employees. The knowledge to integrate software and launch the company into the digital world cannot always be found within the company itself. Therefore, companies often resort to employing consulting companies to enable this for them. Because of copyright, the software created does not solely belong to the employing company – the intellectual property rights automatically stay with the con-sulting company that made it.</p><p>When the consulting company omits details concerning intellectual property rights in the employment contract, the standard rules in the Swedish Copyright Act and the international directives kick in and give the consulting company the full rights to the programmes that it has created – with a few exceptions. The employing company may only alter the software in order to ensure that it is fully compatible with the al-ready existing programmes it utilises and the operating system it uses. Even reverse engineering is permitted as long as the information gathered is only used for ensuring the compatibility.</p><p>Information in databases is protected as it is creatively arranged in systematic or me-thodical way by the one that has made a substantial investment in obtaining, verifying or presenting the information. The substantial investment depends on the one that has taken the risk of investing in the particular database. As databases are rarely made by consulting companies on behalf of a client, and the rules are sufficiently clear as to whom the ownership of the database is, there are few questions concerning data-bases. Because of this, the assumption would be that the current legislation is work-ing properly.</p><p>One of the more troubling issues in regards to copyright is that even though reverse engineering is illegal, proving infringement comes down to evidence and what parts that are quantitatively or qualitatively significant in the original programme. Cur-rently, there is no registry of copyrighted works in Sweden and so there is not telling who made the programme first if the work happens to spread. The creators of soft-ware have expressed concern and allegedly lobbied for a new directive giving more protection to the original creators. The culmination of the lobby work was the Soft-ware Patent Directive, which proposed that software should be seen as an invention and therefore eligible for patenting. However, there were many reasons as to why software should not be patented, most notably increased cost and the years of wait-ing for the patent grant, and the directive was rejected. Still, the concerns persisted and no greater protection has been given to the creators of software.</p>
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A long journey toward intellectual property protection : a case study of Taiwan's copyright law reform /Hsueh, Hsiao-Yin Josephine. January 2001 (has links)
Thesis (Ph. D.)--University of Missouri-Columbia, 2001. / Typescript. Vita. Includes bibliographical references (leaves 196-229). Also available on the Internet.
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A long journey toward intellectual property protection a case study of Taiwan's copyright law reform /Hsueh, Hsiao-Yin Josephine. January 2001 (has links)
Thesis (Ph. D.)--University of Missouri-Columbia, 2001. / Typescript. Vita. Includes bibliographical references (leaves 196-229). Also available on the Internet.
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Enforcement of intellectual property rights and transfers in Mexico within the North American contextSotelo, Alejandro January 2002 (has links)
This dissertation analyzes the process of harmonization of intellectual property laws in Mexico within the North American context. It examines the political and economic driving forces behind such harmonization and the deregulation of technology transfer agreements. Furthermore, in the context of NAFTA, the dissertation studies, from the legal perspective, the problem of the enforcement of intellectual property rights in Mexico. Technical problems are identified and recommendations for the legal system are provided for the appropriate enforcement of intellectual property laws.
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Intellectual property right protection in South Africa compared to other developing countries with particular reference to the replacement parts market.McCabe, Iain. January 2005 (has links)
When one purchases an item, whether it is food, appliance, pharmaceutical, or automotive
related, one has certain expectations concerning the item. When these expectations are not
met, one seeks certain recourse against the manufacturer concerned. Imagine the consumer's
confusion when he is told by the manufacturer that they are not responsible for the
expectations not being met as the item was not made by them but instead is a "grey' or
counterfeit product.
The average consumer is not aware that South Africa, as well as most other countries
around the world has a major problem regarding "grey" or counterfeit product entering the
market. This practice is an infringement of the intellectual property rights of the copyright
owner. It is illegal, and like all illegal activities there is no control regarding quality, so the
consumer is not aware of the risks faced in purchasing from such sources.
This dissertation seeks to answer the key research question which is: How do the levels of
Intellectual property right protection in South Africa compare to other developing nations
with particular reference to the replacement parts market. And how can these levels of
protection be improved. This will be done by explaining what intellectual property rights
are, what they mean, and why they should be protected. I also discuss some arguments for
and against the protection of intellectual property rights. I will discuss some of the
organizations that protect intellectual property rights, as well as some of the implications of
the lack of protection.
The key research question in this dissertation is how the level of intellectual property right
protection in South Africa compares to other developing nations. In order to help answering
this key question, I will discuss six basic questions:
1. Is pressure being exerted by developed nations in order to improve levels of
intellectual property right protection?
2. What are the general levels of intellectual property law enforcement?
3. What resources are available for enforcement of intellectual property rights?
4. How do the people perceive intellectual property crime?
5. How "user friendly" is the intellectual property rights protection system?
6. What are the levels of involvement of organized crime in intellectual property rights
infringements?
In closing I will provide some recommendations as to how South Africa could easily and
economically move away from being seen as a developing nation from an intellectual
property perspective, to being seen as a first world country. / Thesis (MBA)-University of KwaZulu-Natal, 2005.
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International copyright and developing countries : the impact of the TRIPs AgreementWang, Xiaorong, 1979- January 2004 (has links)
The promulgation of the TRIPS Agreement marks a new direction for international copyright: copyright protection has been put under the auspices of the world trading system. During the arduous negotiations, developing countries played a minor role due to the unilateral trade threats exerted by the United States. As a result, the final text of the TRIPs mainly mirrors the domestic copyright legislations of those developed countries. / The question of what impact the TRIPs will have on developing Member States has triggered hot debates. While acknowledging that a short-term negative impact is likely, the long-term effects of a strengthened copyright regime in those countries are hard to predict at this time. The author uses China as a case study to illustrate the difficulties that developing nations might have in implementing and enforcing such heightened copyright standards. Moreover, possible solutions to minimize any adverse effects of the TRIPs Agreement are discussed.
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