Thomas Pogge proposes the Health Impact Fund (HIF) as a realistic, feasible reform to the pharmaceutical patent regime that would incentivize pharmaceutical research and reward innovation for medicines based on their impact on the global burden of disease. Pogge advances a human rights-based argument to show that the HIF is a morally required addition to the current pharmaceutical patent regime. One objection to his human rights argument comes from a libertarian appeal to property rights. Pogge’s response to the libertarian leads to the counterintuitive conclusion that libertarianism is incompatible with any system of intellectual property rights. This paper will show how Pogge fails to distinguish between what I call status quo and revisionist libertarian positions on intellectual property. Making this distinction, I maintain, would strengthen the human rights argument and allow Pogge to avoid the counterintuitive conclusion of his response to the libertarian.

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.

The economy of Taiwan grows fast in the last few years. The traditional industry moves overseas because of the factors of the cost, environment issue...etc. Moreover, people want better quality of living that makes the technology and the high-technology industry of Taiwan improve fast. In the past, the tradition industry focuses on visible property, for example: land, factory buildings and machines. The high-technology industry emphasizes the property that is invisible called ¡§Intellectual Property Rights¡¨. It is included interary property rights, patent rights, trademark right, opening secrets, and IC. It not only supports the development of the high-technology and competition in marketing but also brings in a large amount of license fees. On the other hand, compare with other industries, the environment of the computer software industry is different from others¡¦ so that it has to face different problems. However, the copies of the computer software prevail nowadays. How to protect computer software has been an important issue. Therefore, the companies of the computer software industry have to increase their own competition ability and even stop their opponents to enter the markets. It is necessary to acquire the computer software patent. The way to acquire the patent of the software depends on the quality of the technique and knowing the patent law opinions of the patent examiners and how they examine the patent applications. There is a probe into the opinion of the patent examination system to software patent in this article and the way of gathering and analyzing real cases is used. In conclusion, computer software patent is¡¨ a technique of using computer software¡¨. It is an invention that fit the patent laws of our country and the rules of examination of patent. The techniques of computer software inventions combine the business models and the related techniques of computer software. Therefore, In this article, the related law rules of intellectual property rights, the allowed computer software patents and the related documents about computer software are standers for patent protection. Those are the basic reference materials that provide related industries ways of protection after computer software invented. Hopefully, the research can clear out the related problems that the computer software applicants might face.

Firstly, this Study focuses on ¡§Border Measures¡¨ in World Trade Organization¡]WTO¡^Agreement on Trade-related Aspects of Intellectual Property Rights¡]TRIPS¡^and in World Customs Organization¡]WCO¡^¡§Model Legislation¡¨. These two measures appear to form the backbone of China Intellectual Property Rights¡]IPR¡^ border protection for the time being. Other reasons for China Customs to implement IPR protection are U.S-China IPR MOUs. Secondly, after this explanatory study on China Customs¡¦ border measures, we find some structural problems existing in PRC¡¦s¡]People¡¦s Republic of China¡^General Administration of Customs¡]GAC¡^ that IPR infringements couldn¡¦t be eliminated at all. Owing to the PRC¡¦s special political-economic conditions, China Customs¡¦ IPR border measures cannot achieve the international standard. They cannot effectively limit the import/export of infringements or counterfeit goods. In their enactment as well as in enforcement of IPR border measures, China Customs still has a long way to go.

This is a study on the compliance of China to the World Trade Organization¡¦s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) before and after China¡¦s accession to WTO. The study on pre-accession period focuses on the enactment of China¡¦s patent, copyright and trademark laws in the light of the provisions of the TRIPS Agreement. It also focuses China¡¦s adoption, revisions and amendments of the constitution, administrative, criminal, civil, judicial, and legal professional laws and procedures to make enforcements of the intellectual property rights law effective. It likewise shows how the enactment of these laws consistent with the TRIPS Agreement is contributing to the development of the institutions of private property and the rule of law. The result shows that while the pre-accession to WTO would indicate China¡¦s substantial compliance to the TRIPS Agreement, it also focuses on some weaknesses in the laws on the determination of what violation would constitute a criminal act. This problem would manifest later after accession. The post-accession period sharply focuses on the performance of China in the enforcement of their obligations under the TRIPS regime after 2001. The assessment of China¡¦s performance in enforcement focuses on the infringement cases, the complaints filed against China before the dispute settlement mechanisms of WTO, and the multilateral and bilateral reviews on China¡¦s laws and enforcement effort after its accession to WTO. The result shows the over-reliance of China on the administrative rather than the judicial remedies in its internal enforcement effort which resulted in the weak performance of infringement deterrence. The result also notes the shift from the reliance on internal to external measures in the enforcement of intellectual property rights by the trading partners headed by US. The result of the study which shows continuing reforms in the intellectual, civil, criminal and administrative laws after WTO accession to precisely address the issues raised against China in its enforcement effort is an indication of China¡¦s willingness to play by the international rules. While the reforms have not been met with optimism, the WTO¡¦s TRIPS regime provides a sufficient mechanism to deal with China¡¦s TRIPS violations, and more importantly China is positively responding to it.

China¡¦s IPR problem has been an important issue since 1979, and particularly so when competition between China and U.S for power and interest. The Chinese government directed several IPR policies which have had low efficiency. This research analyses the policy-making, the implementation, the feedback, and the adaptation of China¡¦s IPR policies by using system theory and public policy theory. Another focus of this research is to demonstrate China¡¦s problems in effect of internal and external influences. The research found that the formulation of China¡¦s IPR policies is deeply affected by internal and external factors, and the effect factor of implementation process in China is almostly the most important one, among the factors.

Akcininkai, būdami bendrovės akcijų savininkais, yra suinteresuoti pelninga ir efektyvia bendrovės veikla, kadangi jie įsigydami bendrovės akcijų, siekia savo privačių interesų tenkinimo, t. y. materialinės naudos. Todėl akcininkai turi turėti galimybę aktyviai dalyvauti bendrovės valdyme, kontroliuoti bendrovės valdymo organų veiksmus ir tokiu būdu siekti apibrėžtų veiklos tikslų. Tokias galimybes akcininkams suteikia neturtinės teisės. Šiame darbe yra analizuojamos pagrindinės neturtinės akcininkų teisės Lietuvoje, pabrėžiama tinkamo šių teisių įgyvendinimo svarba. Tai pat yra nagrinėjami šių neturtinių teisių pažeidimo atvejai, jų sukeliamos pasekmės kitoms akcininkų turimoms teisėms, šių pažeistų teisių gynimo būdai, aptariamos pagrindinės problemos, su kuriomis susiduria akcininkai, tiek rezidentai, tiek nerezidentai, norėdami jomis pasinaudoti. Tai pat darbe yra nagrinėjamos Europos Komisijos pasiūlytos iniciatyvos gerinti bendrovių valdymą Europos Sąjungos valstybėse narėse, o ypač 2006 m. sausio 05 d. Europos Komisijos parengtas direktyvos pasiūlymas dėl bendrovių, kurių registruotoji buveinė yra valstybėje narėje ir kurių akcijomis leista prekiauti reguliuojamoje rinkoje, akcininkų balsavimo teisių panaudojimui, iš dalies keičianti Direktyvą 2004/109/EB. / Shareholders, being the owners of the company’s shares, are interested in a profitable and effective performance of the company, because by acquiring shares of the company they seek satisfaction of their own interests, i.e. material gain. Therefore, the shareholders should have an opportunity to be actively involved in the management of the company, control actions of the management bodies of the company and, thus, pursue defined business objectives. Such opportunities to shareholders are provided by their non-property rights. This work analyses the main non-property rights of shareholders in Lithuania, emphasizes the importance of proper implementation of these rights. It also deals with infringement instances of these non-property rights and their consequences to the rights enjoyed by other shareholders, remedies for such infringed rights and discusses major problems that shareholders, both residents and non-residents, face in exercising them. The work also examines the initiatives proposed by the European Commission to improve corporate management in EU member states, in particular the Proposal by the European Commission for a Directive of the European Parliament and of the Council of 5 January 2006 on the exercise of voting rights by shareholders of companies having their registered office in a Member State and whose shares are admitted to trading on a regulated market and amending Directive 2004/109/EC.

In this dissertation I examine the reasons why the U.S. film industry lost the GATT-Uruguay Round negotiations on audiovisual services and intellectual property rights (IPRs) related to copyright. I revisit the political economy approach to communication and implement Mosco's (1996) suggestions on the approach's renewal. Mosco notes that political economists of communication thematically view the state as supporting transnational business (1996, p. 94). However, Jarvie's (1992) analysis of the relationship between the U.S. government and film industry between 1920 and 1950 suggests that this 'support' theme does not adequately capture the often antagonistic and unproductive relationship between the two parties. I extend Jarvie's (1992) work by developing themes from his scholarship and applying them to a case study on the Uruguay Round. I review the literature on the media-cultural imperialism thesis and focus on Herbert Schiller's (1969 [1992], 1976, 1989) scholarship. Schiller's thesis implies that outcomes in international relations are dictated by domestic determinants such as the influence of corporate lobbyists. However, I argue that the reasons why Hollywood lost lie not in domestic determinants alone, but in a broader perspective (derived from the discipline of international relations) that focuses on the interaction between domestic trade politics and international relations (Putnam, 1988 [1993]). Putnam characterises international negotiations as an interactive process involving the bargaining between negotiators and the separate discussions each delegation has with constituents in its domestic market on the ratification of the agreement. I assess themes from Jarvie's work and propositions from Schiller's thesis using Putnam's (1988 [1993]) two-level analysis and empirical evidence from primary documents and thirty-five interviews conducted over a three-year period (1994 to 1997) with U.S. and European negotiators and film executives. I argue that U.S. domestic trade politics hampered efforts by U.S. negotiators to reach a bilateral accord on audiovisual services and IPRs related to copyright because of linkages forged by EU Member States between progress in those talks and progress in talks on agriculture, maritime transport services, geographic indications related to wines and anti-dumping. A second obstacle to a bilateral accord was an influential hawkish minority of the Hollywood lobby, who set an aggressive agenda for U.S. negotiators and set off a chain reaction in the final moments of the Round that led to Hollywood's defeat. Finally, I present an alternative scenario to the argument (cf. Waregne, 1994; Dehousse and Havelange, 1994; Joachimowicz and Berenboom, 1994) that the French government dictated the outcome of the audiovisual services and IPRs negotiations. My scenario emphasises the preeminent status of the General Affairs Council, the role of EU Member States other than France, and Commission efforts to forge a bilateral deal. In the end, the hawks dictated the outcome of the audiovisual services talks, while a majority of EU Member States dictated the outcome of the talks on IPRs related to copyright.

Pledge is a special security for the performance of obligations as it best reflects the security function of the obligation, thus making pledge extremely attractive. The security for the performance of collateralised loan obligations may take the form of real estate, movable property and property rights. The aim of this paper is to determine whether the legislation in force is comprehensive enough at regulating the pledge of property rights, identify the shortcomings of the legislation regulating the pledge of property rights and suggest possible ways to solve the identified problems.

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