This thesis uses the recent Bayer-Monsanto acquisition in order to examine historical and contemporary power dynamics found throughout industrial agriculture. With the theoretical aid of Karl Polanyi and Michel Foucault, I examine how the Bayer-Monsanto acquisition is a viable site in order to reflect the interconnectedness of political and economic forces that organize societies and markets across the globe. I briefly introduce the merger-turned-acquisition between these two former 'Big 6' firms that dominated international agricultural input markets. Questions are asked such as how has the history of agriculture led to its current organization, how have these particular firms garnered such market power, and what power structures or historical economic incentives have contributed to the acquisition's manifestation? In order to address these questions I engage in an economic-historical analysis of industrial agriculture, particularly focusing on the role of the U.S. state in drafting agrarian legislation, spreading knowledge regarding production processes, and promoting particular food products to be patented, grown, and consumed across the world. Through an examination of the acquisition itself, potential economic, environmental, and political implications are presented to analyze whether historically visible strategies have appeared to evolve to become invisible overtime. Although the result of this acquisition does involve few firms governing almost entire markets, I contend that there is more at stake than simply few firms monopolizing agriculture. The Bayer-Monsanto acquisition has economic, environmental, and political implications on a host of actors, and it forces us to question the legitimacy of democratic governmental institutions across the world and where power is situated within them. / Master of Arts / Mergers and acquisitions are by no means an emerging trend throughout agricultural markets; however, Bayer’s $66 billion acquisition of Monsanto is a recent development that has garnered attention from politicians, farmers, environmentalists, and public consumers alike. In this thesis I examine how the Bayer-Monsanto acquisition is a viable site in order to show how political and market logics are constantly entangled with one another. I first briefly introduce the mergerturned-acquisition between these two former ‘Big 6’ firms that dominated international agricultural input markets. I then ask how has the history of agriculture led to its current organization, how have these particular firms garnered such market power, and what power structures or historical economic incentives have contributed to the acquisition’s manifestation? After contextualizing the acquisition within a history of legislating land policy, spreading knowledge regarding production processes, and promoting the consumption of particular food products across the world, I present various economic, environmental, and political implications of the acquisition. Although the result of this acquisition does involve few firms with centralized market share, I contend that there is more at stake than simply monopolistic practices. An analysis of the Bayer-Monsanto acquisition reflects why we should question the quality and legitimacy of political institutions across the world, and ask where power lies within them.

The rationale behind trademark law is to protect the goodwill and reputation of the business, but the ultimate beneficiary is the public. The trademark acts as a key badge to identify the quality of the products and thus helps the public to eliminate confusion about the source of the products.   Over the past two decades or so, trademark law has expanded significantly in many different ways in many parts of the world. Finally, to prevent competitive non-use by others, the scope of rights granted to the trademark owner has been increased, which may not confuse consumers but may reduce the uniqueness of the trademark owner's mark.   In view of the ongoing technological revolution in communication and the increasing process of globalization, businesses seem to be more interested in protecting obsolete symbols such as color symbols, shape symbols, odor symbols, sound symbols, trade dress, etc. Business competitive world market capture. Not only has this broadened the scope of trademark protection, it has also given business enterprises a variety of mark protection options. Thus, the scope of trademark protection has gained pioneering importance in trademark governance.   This thesis attempts to make a systematic analysis of the scope of trademark protection in different jurisdictions, with a reference to the effectiveness of trademarks and the purpose of trademark protection law.

Modern Field-Programmable Gate Arrays (FPGAs) can accommodate complex system-on-chip designs and require extensive intellectual-property (IP) support. However, current IP protection mechanisms in FPGAs are limited, and do not reach beyond whole-design bitstream encryption. This work presents an architecture and protocol for securing IP based designs in programmable platforms. The architecture is reprsented by the Secure Authentication Module (SAM), an enabler for next-generation intellectual-property exchange in complex FPGAs. SAM protects hardware, software, application data, and also provides mutual assurances for the end-user and the intellectual-property developer. Further, this work demonstrates the use of SAM in a secure video messaging device on top of a Virtex-II Pro development system. / Master of Science

Yes / The Microsoft Case is a battle between Microsoft, the global software giant, and the European Commission. The Commission found Microsoft to be in breach of Arti-cle 82 of the EC Treaty because of their refusal to sup-ply interoperability information in the Work Group Server (WGS) market and tying in Windows Media Player (WMP) with Windows. Microsoft appealed to the Euro-pean Court of First Instance (CFI) where they lost their nine year battle on 17 September 2007. Microsoft will not be appealing the decision1. The case is a modern day David and Goliath with the Commission coming out the champion. This edition of Law in Brief will look at the main outcomes of the decision and its likely impact in particularly on future clashes of competition law and intellectual property law within the European Union (EU).

Yes / In this paper we study the determinants of the strength of patent enforcement in 43 member countries of the World Trade Organization (WTO) between 1998 and 2011, a period after the signing of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. We do so by building on and expanding the seminal work of Ginarte and Park (1997) on the pre-TRIPS determinants of patent rights in the years 1960-1990. We find that in the years after TRIPS was signed, the strength of patent enforcement of a country is positively determined by two variables that signify the usage of the patent and intellectual property system, and the number of patent and trademark applications. We also find that the level of research and development expenditure, the quality of human capital, and the level of development of a country have positive effects on the strength of the enforcement of patent law in practice. Intellectual property rights enforcement is one of the key investment-related policies included in the United Nations Conference on Trade and Development (UNCTAD) Investment Policy Framework for Sustainable Development. Identifying the determinants of strong patent systems will help policymakers at the national and supranational levels to design and implement effective policies that strengthen national patent systems, thereby enhancing economic benefits such as greater levels of commercialization of intangible assets and greater levels of international trade and investment.

Yes / This study examines the institutional arrangements that define the characteristics of national legal systems that are used to protect intellectual property (IP) assets embedded in outward FDI. The focus of the study is on how the institutional underpinnings of IPR regimes affect the costs and risk of using legal arenas to enable effective use of IP assets. Following a property rights approach it is postulated that formal and informal institutional arrangements influence how IP regimes affect the transaction costs and risk associated with converting ownership rights over IP into economic rights. Informal institutions are considered to affect the behaviour of agents involved in enforcing legal rights. This behaviour influences how IP law is implemented in legal arenas and thereby impacts on the efficacy of IPR regimes to help secure economic rights from the use of IP assets. Using data on outward FDI from the USA to 42 host countries the results find that the strength of informal institutions connected to the enforcement of IP in a country directly affects outcomes and positively moderates the effect of formal legal aspects of IP law on FDI flows. The results highlight the importance of informal institutional aspects connected to the behaviour of enforcement agents when using national legal systems to protect IP rights in cross-frontier transactions.

Yes / We study the role of the strength of Intellectual Property Rights (IPR) law protection and enforcement in influencing horizontal productivity spillovers from inward FDI to domestic firms in host countries. While most WTO countries adopted strong IPR legislation due to exogenous pressure resulting from the signing of the Trade-Related Aspects of IPR (TRIPS) agreement, public IPR enforcement strength continues to vary significantly between countries. We meta-analyse 49 studies and find that public IPR enforcement strength has a direct positive effect on horizontal productivity spillovers from inward FDI to domestic firms and a negative moderating effect on the relationship between IPR law protection strength and horizontal productivity spillovers from inward FDI to domestic firms.

Throughout the 20th century, copyright duration has been extended fourteen times. Depending on the nature of the copyrighted work, these extensions allow copyright duration to last the life of the author plus seventy years. Copyright extension has allowed arbitrary and coercive institutions to unethically inhibit the human need for free creation. The rise of the internet has given unprecedented visibility to the derivative nature of creative work. By disallowing copyrighted material to be used in derivative works except under the ambiguous fair use doctrine, the fundamental human need for free creation is inhibited. The purpose of this thesis is to demonstrate how Intellectual property ownership by coercive institutions can be unethically abused for greedy and destructive purposes. The research examines legal precedent for abuse of intellectual property legislation, including the fair use doctrine, in artistic and educational environments. Furthermore, subversive behavior toward unethical practices of coercive institutions is revealed through a critical analysis of internet communities, or ‘intermunites’ 'Intermunities' such as China Vine, in conjunction with the Creative Commons, enable educators and students to bypass unethically inhibiting practices of intellectual property owners allowing for free creative inquiry and free creation.

This study engages in an ethical examination of contemporary socio-ecological and economic issues which takes seriously the plight of Africa, African communities, indigenous knowledge and biodiversity. It studies the impact of bioprospecting, biopiracy and intellectual property rights regimes on the protection, use, access to, and conservation of biodiversity and indigenous knowledge in Africa. The study also examines the ways in which northern multinational pharmaceutical and biotechnology companies and their agents prospect and convert African resources (biological commons and indigenous knowledge) into their intellectual property as well as private property. It argues that the transfer of African biological commons and indigenous knowledge is exacerbated by economic globalisation and the neo-colonial mentality of conquest concealed under the guise of commerce. The study demonstrates through concrete case studies the tactics used by northern multinational corporations to claim these resources as their intellectual property rights and private property. It observes that the privatisation of biological commons and indigenous knowledge only brings about nominal or no benefits to African communities who have nurtured and continue to nurture them. It also observes that this privatisation results in fewer benefits for biodiversity as they lead to the promotion of monoculture, i.e. commercialisation of all things. To address the injustice and exploitative implications of bioprospecting, biopiracy and intellectual property rights, the study recommends the adoption and implementation of the African model law, the establishment of defensive intellectual property rights mechanisms, and the strategy of resistance and advocacy. It suggests that these measures ought to be grounded on the African normative principle of botho and the Christian ethical principle of justice. / Systematic Theology and Theological Ethics / D.Th.(Theological Ethics)

Thesis (LLM)--Stellenbosch University, 2012. / Includes bibliography / ENGLISH ABSTRACT: This thesis analyses current South African copyright law to ascertain the proper interpretation and application of the fair dealing provisions contained in the Copyright Act 98 of 1978. Copyright law ensures that authors’ works are not used without their consent, which they can grant subject to compensation or conditions attached to the use. Fair dealing exceptions allow the general public to use copyright works for certain purposes without the copyright owner’s consent and without paying compensation. These provisions are intended to balance copyright owners’ interests with the interest that members of the public have in using copyright works for socially beneficial purposes. These provisions typically allow the use of a copyright work for the purposes of research or private study, personal or private use, criticism and review, and news reporting. Unfortunately there is no South African case law concerning the fair dealing provisions, and the application of these exceptions remains unclear. This study aims to clarify the extent of application of the fair dealing exceptions to copyright infringement so that courts may be more willing to consider foreign and international law and in doing so develop South African intellectual property law. The social and economic policy considerations underlying the fair dealing exceptions are considered to determine their function. International conventions relating to copyright and neighbouring rights are examined, specifically the provisions allowing exceptions to copyright. The legislation and case law of Australia and the United Kingdom are analysed to determine the proper interpretation and application of these statutory defences. This knowledge is then used to inform South African law. The Copyright Act 98 of 1978 does not contain a fair dealing exception for parody and satire. Australian legislation does contain such an exception, and it is analysed in that context. An exception for parody is proposed for South African law, and the need for and application of this provision is considered. The constitutionality of the proposed exception is evaluated in terms of its impact on the constitutional property rights of copyright owners. / AFRIKAANSE OPSOMMING: Hierdie tesis ondersoek Suid-Afrikaanse outeursreg om die behoorlike uitleg en toepassing van die “billike gebruik”-bepalings in die Wet op Outeursreg 98 van 1978 te bepaal. Outeursreg beskerm die werk van ʼn outeur teen ongemagtigde gebruik van haar intellektuele eiendom. Gebruik kan deur die outeur gemagtig word, òf teen vergoeding òf onderhewig aan bepaalde voorwaardes. Artikels 12-19B (die billike gebruik-bepalings) van die Wet op Outeursreg laat ander toe om sekere werke te gebruik sonder die toestemming van die eienaar van die werk en sonder om vergoeding te betaal. Die bepalings streef om ʼn balans te tref tussen die belange van die outeur en die belange van die publiek. ʼn Werk mag volgens hierdie bepalings tipies gebruik word vir die doeleindes van navorsing of private studie, persoonlike of private gebruik, beoordeling of resensie, of om nuus te rapporteer. Daar is tans geen Suid-Afrikaanse regspraak rakende hierdie uitsonderings nie, en hul toepassing is dus onseker. Hierdie tesis beoog om die werking van die billike gebruik-bepalings duidelik uiteen te sit om hoër gewilligheid in howe te skep om internasionale en buitelandse reg toe te pas, en sodoende Suid-Afrikaanse immateriële goederereg te ontwikkel. Die sosiale en ekonomiese beleidsoorwegings wat die bepalings ondersteun word geanaliseer om die doel daarvan te bepaal. Internasionale outeursreg-verdragte word bespreek om ʼn raamwerk vir die uitsonderings te skep. Wetgewing en regspraak van Australië en die Verenigde Koninkryk word ondersoek, en die kennis wat daar opgedoen word, word toegepas op die Suid-Afrikaanse bepalings. Die Wet op Outeursreg 98 van 1978 bevat geen uitsondering vir die doeleindes van parodie en satire nie. Die Australiese Wet op Outeursreg 63 van 1968 bevat wel so ʼn uitsondering, en dit word in hierdie verband beoordeel. ʼn Uitsondering vir parodie en satire word voorgestel en oorweeg in die konteks van Suid-Afrikaanse outeursreg. Die grondwetlikheid van die voorgestelde uitsondering word bepaal na aanleiding van die impak wat dit sal hê op outeurs se eiendomsreg.