This minor dissertation investigates alternative compulsory licencing (CL) policy approaches for the South African context. The purpose is to support the country's aspirations to reform certain components of its intellectual property (IP) regime, ensuring alignment with the country's development prerogatives. Homing in on technical barriers with the operationalisation of the existing CL mechanism; this paper investigates remedial recommendations to support South Africa's reform efforts. The paper also hopes to gauge whether it is feasible to leverage compulsory licensure as a cost-containment tool to circumvent price dominance in the sale of essential pharmaceutical commodities. The South African Patents Law provides for CL under three grounds. These are dealt with in chapter 2. The abuse of patents rights as a result of excessive pricing is one of these grounds. Yet, attempting to use this provision abuse of patents rights is procedurally and administratively cumbersome. This is notwithstanding the litigation costs. The 2018 national IP Policy aspires to reform the CL policy to ensure that it is a 'workable mechanism'. A comparative analysis of the CL policy landscapes in the People's Republic of China (PRC) and the Russian Federation will be taken to inform South Africa's discourse. These two countries are strategic because they have either reformed and/ or in the process of renovating their intellectual property rights (IPR) landscapes and both have interesting approaches to the way in which they have reformed their CL mechanisms. The findings of this paper reveal that Russia and China have undertaken extensive IPR reforms over the last three decades. They have both taken different policy approaches in adapting their CL instruments. Russia's CL reform proposals are underway and aim to advance a CL mechanism that can effectively regulate the abuse of patents, especially for essential pharmaceutical commodities. China has installed specific Implementing Measures which offer policy guidance on the applicability CLs. In the case study of China, the Measures imposed are not necessarily advanced as cost-containment tools. Rather they support the country's pharmaceutical agenda. The recommendations in this paper offer interesting insights to the feasibility exercises that will be advanced in South Africa's IPR reform process.

Includes bibliographical references. / A multitude of factors affect the ability of South Africans to access the essential medicines, intellectual property (IP) is one of them. This dissertation considers some of opportunities open to South Africa through international IP flexibilities, which are aimed at safeguarding public health rights against the sometimes access-restricting effects of patent right monopolies. Potential pitfalls are also highlighted, noting strategies for South Africa to avoid the worst of them. The paper begins by giving an overview of the way in which patents affect access to medicines, and contending that the time for making the proposed amendments is now.

This dissertation explores the protection of intellectual property rights (IPRs) as they relate to publicly financed research and development (R&D) outcomes. Kenya has the opportunity to learn from the experience of the United States of America (US) and South Africa (SA). The US enacted the Bayh-Dole Act (BDA) in 1980 while SA enacted the Intellectual Property Rights from Publicly Financed Research and Development Act (IPR-PFRD Act) in 2008. The main research question is whether Kenya ought to enact similar legislation. In addition to the main research question, there are six other secondary questions. The first and second research questions are explored in chapter two which discuss the enactment of the BDA and its impacts in the US. The dissertation uses literature to look at the legislative journey of the BDA which upon its enactment created a uniform approach towards the protection of federally funded R&D outcomes. Literature also points to the fact that years later, the BDA still invokes debates across the US and beyond. There is no consensus on the impact of the BDA. Despite the lack of a clear stand point on its exact effect, several countries have emulated the US and still continue to do so. The third and fourth research questions discussed in chapter three adopts a similar approach but focuses on SA, the first African country to emulate the BDA. The IPR-PFRD Act has been operational since 2010. The limited period of its existence means that the literature available is work in progress. Despite that, SA has had some impacts experienced so far across its leading universities in the form of; realignment of IP policies to comply with the provisions of the IPR-PFRD Act as well as discussions among researchers, innovators and the National Intellectual Property Management Office (NIPMO). There is evidence that Universities, industries and NIPMO are trying to implement the spirit as well as the letter of the IPR-PFRD Act. The fifth and sixth questions discussed in chapter four turn to Kenya. The dissertation tries to establish whether there is a demand in Kenya for legislation that regulates publicly financed R&D outcomes. It proposes that the time is not yet ripe for Kenya to have a BDA model, but that Kenya needs to first develop sustainable capacity and infrastructure to support the protection, management and ownership of IP. Chapter five concludes that Kenya can learn invaluable lessons from the US and SA when it considers regulating publicly-financed R&D outcomes.

We live in an economy where intangible assets have become valuable commodities. These intangible assets are created by individuals, or groups who apply their creativity and ingenuity appropriately. The result of such ingenuity and creativity is product that is deemed to be so important that it qualifies for legal protection. Such assets will benefit any individual, business, company or enterprise that has the ownership right or title and the ability to commercially exploit the asset. Therefore, there is an interest in the ownership and control of the assets as well as the manner in which legal entitlement is devised by the law. Where, the asset is an invention that is patentable the law has granted the employer ownership. This thesis considers how the law balances the right it gives to the employer and the compensation it grants the inventive employee. The thesis seeks to ensure that an employee-inventor has been adequately compensated for his ingenuity and for producing the fruits of his creativity.

My minor dissertation in Intellectual Property Law is about Copyright Law and infringement in relation to mobile television, Internet Protocol Television and Internet Television as well as the online services of downloading and streaming. The thesis will contain of five chapters. The first chapter will give an overview of the nature of the problem, the structure and methodology as well as the named media and their technological background. The second chapter will then introduce the relevant technologies, institutions in charge and the general legislation and will serve as background information for the main issues of copyright. Further I will discuss operational licenses, which have to be distinguished from content licenses in the copyright correlation. Chapter three will be the focus of my thesis and will deal with copyright in connection with ITV, IPTV and mobile-TV. It will inter alia portray the issues of infringement, liability, exceptions and limitations in the named context as well as the proposed Copyright Amendment Bill 2015. The fourth chapter will then commence by discussing the German copyright in the relevant aspects of the topic. It will pay special attention to the legal dichotomy of online-streaming. Chapter five will summarise and conclude the relevant findings of the copyright issues. It will further give prospect to the legal dichotomy in South Africa and how to handle it, since there is no applicable local jurisdiction yet. Hence it will go beyond the comparisons by looking ahead for the developing online media and the necessity of law to properly adapt to it.

Youth in detention centers often have intellectual disabilities. Correctional officers often they lack the knowledge and training needed to work with these youths. The purpose of this study was to determine how much knowledge and training correctional officers have about the youth that they work with, specifically, youth with intellectual disabilities. Four detention centers from the southeastern United States were chosen to participate in the study and the population of interest was comprised of correctional officers who work with youth in juvenile detention centers. Surveys were administered through a combination of pencil/paper and online administration as a result of institutional preferences. The results of this study suggested that correctional officers do not receive the level of education and training (formal, informal, on-the-job, or elsewhere) necessary to work with youth who have intellectual disabilities.

No description available.

No / The open door policy since 1979 highlights the globalisation process in China. Since then, all walks of life, and businesses have been affected by globalisation. One clear sign of the global impact is China¿s effort to move gradually from a country ruled by government to that ruled by law although this process is slow moving, especially from an enforcement perspective. This paper intends to study the change of intellectual property (IP) environment in China under the global trend of legal harmony. Objectively, this paper discusses and analyses four related topics¿the legal system in China, the rapidly expanding scope of IP, the evidential data and analysis of the IP activities, and finally, two cases highlighting practical aspects of IP.

Caricom Single Market and Economy (CSME) firms operate under various laws and policies on intellectual property rights (IPRs), innovation and technology. International analyses and rankings rate the CSME countries' performance as poor in comparison with others at the same level of economic development. This results in negative impacts on the economic and social welfare of their communities. A paucity of data existed concerning the effects of policies on decisions by local firms to engage in innovation and technology activities. The purpose of this qualitative case study was to examine the effects of policies on IPRs, innovation, and technology on firms in select CSME countries. The questions addressed how IPRs policies affect the choices of innovation activities by firms, and what differences in IPRs policies in Guyana, Barbados, Trinidad and Tobago and Jamaica, influence the decisions by firms to invest in innovation and technologies. Landes and Posner's utilitarian exposition that IPRs should be based on the maximization of social welfare provided the theoretical framework for the study. Various policy papers, firm studies, study reports, and legislation from government and international agencies were analyzed using 4 levels of inductive coding. Findings included a lack of clear IPRs policies, high levels of innovation where policies were weakest, and a general reluctance by firms in the countries to invest in innovation and technology. Further study of the sociological and cultural aspects of IPRs policies, and how they affect innovation in CSME is recommended. This study can help effect social change in the CSME by informing policies that maximize social welfare through innovation and technology.

No description available.