Overlaps of intellectual property rights are a phenomenon that is not yet fully understood and analyzed; yet it is an increasingly important issue due to development of new hybrid technologies that defy the established structure of the system. Despite the potential adverse effects this phenomenon can have on the integrity of the system, the problem of overlaps has been neglected in judicial and scholarly analyses. This research presents the thesis that all uses of intellectual property rights should be viewed in light of their purposes. In other words, the phenomenon of overlapping intellectual property rights is not a problem per se; instead, it is the use of the rights for incompatible purposes that may be considered objectionable. The analyses use the concept of balance of rights as the measuring rod for assessment of the consequences resulting from use of the overlapping rights. Thus, the dissertation investigates how use of intellectual property rights associated with one segment of the system can affect carefully crafted balance of rights of various stakeholders in an overlapping segment and whether effectiveness of this segment to advance its purposes will be impeded by such use. The analyses are also done with the aim to formulate a uniform answer to identified and potentially objectionable uses of overlapping rights in an attempt to provide the judiciary and law practitioners with analytical framework for resolving disputes involving overlaps in the intellectual property system. An adequate response to the challenge posed by improper use of overlapping intellectual property rights can be found in a properly construed doctrine of misuse of intellectual property rights. Because overlaps in the intellectual property system are a phenomenon that probably cannot be legislated in practical terms, this dissertation advocates adoption of a judicially created doctrine of misuse based on purposive analysis of intellectual property rights.

Intellectual property rights (IPR) have become a major problem in the relationship between the industrialized West and the developing South, primarily because the West demands that developing countries adopt and enforce Western IPR. Since the relationship between US corporations and Chinese businesses is among the most successful and at the center of the current process of globalization, IPR have been a major cause of conflict and controversy between them and serve as an exemplar for this thesis. I argue, first, that the reason that a large number of Chinese businesses, especially privately-owned small and medium-sized enterprises, infringe foreign IPR lies in the nature of the difference between what have been mostly low-tech traditional Chinese businesses and high-tech industrial economies, to which intellectual property laws belong. Second, I demonstrate that the steady improvement of intellectual property protection in the more successful areas of development in the Chinese economy suggests that the solution for improved IPR protection in China and perhaps other emerging nations will follow, not precede, the development and transformation of a low-tech pre-industrial economy into an industrial high-tech economy.

Online Arbitration is an online alternative dispute resolution (OADR) process that resolves disputes without litigation outside national courts. Due to globalisation and increased e-commerce, international commercial online arbitration has become more important and it is therefore essential to look at the legal and technical requirements for a more effective international online arbitration regime or lex electronica arbitralis, specifically focused on disputes that arise from cross-border, low value e-commerce transactions for both goods and services, and especially between online businesses and consumers (B2C), but also between online businesses (B2B). The lex electronica arbitralis should lead to swift outcomes that will be able to be enforced efficiently anywhere in the world, without impairing the requirements of accountability, due process, efficiency, impartiality, independence, fairness, transparency, etc. The 'UNCITRAL Technical Notes on ODR of 2016' follows a non-binding guideline format, so there is currently no legal outline that exclusively regulates online arbitration. Due to this lacuna, the guidelines of the 'Technical Notes' and rules of traditional international commercial arbitration will have to be used as far as they accommodate online arbitration. Due to its unique features, online arbitration however needs an exclusive set of rules that will deal with its legal and technical requirements. The most comprehensive manner to have realised an online arbitration regime or lex electronica arbitralis would have been by the proposed 'UNCITRAL Draft Procedural Rules (DPR) on OADR for Cross-Border E-Commerce Transactions'. Unfortunately, since Working Group III (WG.III), who was mandated by UNCITRAL to compile the 'DPR', could not manage to reach consensus on many aspects, the 'Technical Notes' was adopted instead. The thesis will review WG.III's progress to complete the 'DPR' and how it eventually led to the adoption of the 'Technical Notes'. The 'Technical Notes' still leaves many questions and uncertainties on many of online arbitration's legal and technical requirements that will be pointed out. The thesis will indicate that these legal and technical requirements do not compose insurmountable challenges, but that UNCITRAL will have to address them when they decide to revise the 'Technical Notes' in the future or when they decide to compile a set of legal standards exclusively for online arbitration in the future. The focus will also be directed to the future of international arbitration legislation in a developing country such as SA, while a plea is made to SA lawmakers to make provision for online arbitration.

Includes bibliographical references (leaves 111-126). / This thesis examines video games, copyright law and gamers' attitudes to copyright infringement, with particular reference to South Africa. The work provides an overview of the debates about copyright law and digital media, and offers an analysis of attitudes expressed by South African gamers about copyright infringement, popularly termed 'piracy'. The thesis reveals that, while about 70% of the gamers in this study share content illegally, they express complex and varying motivations for doing so, and have various and conflicting means of understanding the supposed illegality of the act. Some of the issues raised by participants in this study relate to contested perspectives on Digital Rights Management (DRM). In this work, I argue that DRM erodes civil liberties and does not necessarily extend the interests of gaming corporations. In this regard, the thesis explores alternative strategies to the restrictive approaches adopted by advocates of DRM as well as prohibitive copyright laws and multilateral agreements on intellectual property. In essence, this work intends to establish middle ground between gamers, who place a high premium on usability and affordability of gaming products, and the gaming corporations, who are interested in extending market share as well as protecting what they deem to be their intellectual property.

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The Edward Snowden data breach of 2013 clearly illustrates the damage that insiders can do to an organization. An insider's knowledge of an organization allows them legitimate access to the systems where valuable information is stored. Because they belong within an organizations security perimeter, an insider is inherently difficult to detect and prevent information leakage. To counter this, proactive measures must be deployed to limit the ability of an insider to steal information. Email monitoring at the edge is can easily be monitored for large file exaltation. However, USB drives are ideally suited for large-scale file extraction in a covert manner. This work discusses a process for disabling write-access to USB drives while allowing read-access. Allowing read-access for USB drives allows an organization to adapt to the changing security posture of the organization. People can still bring USB devices into the organization and read data from them, but exfiltration is more difficult.

Global socioeconomic trends are changing the nature of the American workplace. To address the challenges brought about by these changes, American engineering education must focus on developing students into future professionals, equipped to thrive in the fast-paced, technologically intense, globally competitive workplace of the future. One of the most effective ways to prepare students to face the future is by teaching them to innovate. This thesis presents the "Creative Entrepreneurs Organization: Developing Innovative Products and Businesses" (CEO) concept as a method by which Virginia Tech could help students learn innovation. The CEO concept is a student-involvement program intended to develop students into successful entrepreneurs as they work together in small teams to develop and market intellectual property. This Program is intended to produce revenue for the University by virtue of the successful commercialization of the intellectual properties it generates. Additionally, the CEO Program will allow faculty and students to share in the financial rewards associated with the intellectual properties they generate. The CEO Program concept is presented in light of current trends in the business and academic worlds. Various issues related to its implementation are addressed. The Program is evaluated for its expected value to students, to the University, to the State, and to the Nation. A survey is presented by which the success of the Program can be measured. For the CEO concept to be successfully realized, several challenges must be overcome. First, the University must embrace this somewhat unorthodox Program in which both educational and financial motives play significant roles. Second, there must be a Program Advocate who will be able to effectively communicate the value and feasibility of the Program. Third, fiscal and physical resources must be available to ensure the successful start-up and operation of the CEO Program. Finally, the Program must find ways to nurture creativity in its participants. I conclude that the effort required to implement the CEO Program is outweighed by its potential benefits to students, to the University, to the State of Virginia, and to the Nation. Therefore, I recommend that the Virginia Tech College of Engineering consider the CEO Program for implementation. / Master of Science

No / This article illustrates the causes of piracy and pinpoints piracy associated with registrations and with production and distribution. Based on interviews with British and American multinational managers working in China, the authors elaborate 10 corporate actions to counter the spread of the `inevitable curse¿. In order to implement these 10 strategies, the authors recommend that firms treat piracy as a challenge, be corporately proactive, be aware of the repertoire of possible strategies, investigate co-operative action with other companies, agencies and government and be continuously alert to the dynamic nature of piracy. The problems reflected here are common to multinationals operating businesses around the world, and the destructive nature of piracy is likely to encourage more academic study to yield further insights for practice.

published_or_final_version / Public Administration / Master / Master of Public Administration

In this technological age the distribution of information happens faster and easier than ever before. This ease of transfer of information brings challenges for international intellectual property rights protection. It addresses reasons governments work to increase enforcement and reasons governments do not comply with enforcement protocols. It assesses the pressure international agreements and incentives exert on governments to produce compliance. This paper evaluates 76 countries in three non-consecutive years on their level of enforcement. It includes a discussion of contributing factors to government choice in interaction and enforcement. The question of enforcement incentives is addressed both across time and across countries. / Department of Political Science