Mit diesem Handbuch wird auf wissenschaftlicher Grundlage eine Gesamtdarstellung vor allem der privatrechtlichen Medienprozesse vorgelegt, die im Zusammenhang mit der Produktion und Vermarktung bzw. Nutzung von Zeichen, Bildern, T nen und anderen Informationen (Medienprodukten) entstehen. Dabei werden auch die europarechtlichen Aspekte der Entwicklung des Medienrechts dargestellt. Das Handbuch enth lt Richtlinien, Gesetzestexte und Vertragsmuster, um dem Nutzer einen schnellen Zugriff zu erleichtern.

This article draws on theoretical resources from economic sociology and sociology of law to intervene in economic debates about the relationship between intellectual property and industrialization. Utilizing historical evidence from the earliest period of American intellectual property law and from a formative company in the New England textile industry, I propose a social process of influence that connects intellectual property law to industrialization. I argue that, consistent with the findings of New Economic Sociology, social relationship structures and (...) social capital are the proximate influential force in industrialization. However, I also argue that transformative changes in those social relationship structures are rooted in the emergence of a particular type of political culture: what I call here, borrowing from Hannah Arendt and Frank Dobbin, a “Natal-Industrial Culture.” A Natal-Industrial Culture, as I propose it here, is a political culture in which collective hopes for the future are placed in new technologies and new cultural products, as means for achieving economic growth. Intellectual property law contributed to the emergence of this new type of political culture by holding out the promise of property, as a reward for the provision of new technologies or new cultural products. Because of the way that hope works on motivation—through cognitive pre-rehearsals of future attainment, which involve semantically-meaningful propositions and contribute to positive emotional experience—the promise of property provided a powerful stimulant to social capital formation. Working through the semantic resonances of property, intellectual property law contributed to a political culture in which invention and creativity were expected to secure a future of growth within the political community, both for particular members and for the political community, as a whole. By fostering a Natal-Industrial Culture, intellectual property law contributed to systematic invention and social capital-formation, leading, in turn, to the transformative changes in working and material provisioning that constitute industrialization. (shrink)

The moral justification of intellectual property is often called into question when placed in the context of pharmaceutical patents and global health concerns. The theoretical accounts of both John Rawls and Robert Nozick provide an excellent ethical framework from which such questions can be clarified. While Nozick upholds an individuals right to intellectual property, based upon its conformation with Lockean notions of property and Nozicks ideas of just acquisition and transfer, Rawls emphasizes the importance of basic liberties, (...) such as an individuals right to health, superceding such secondary rights as intellectual property rights. From a policy perspective, patent protection for pharmaceutical products necessarily entails the balancing of corporate intellectual property interests and public interests in healthcare. The moral dilemma that occurs when these two interests clash is not easily resolved. Aside from corporate and public interests, the state maintains an interest in creating and preserving policies that regulate the moral dilemma itself. This paper analyzes the economic and ethical factors surrounding the production and distribution of the anti-HIV medication, AZT. Potential policy implications and recommendations are also discussed. (shrink)

This article explores the loss of social justice reported by individuals living in the environs of industrial wind turbines (IWTs). References indicate that some individuals residing in proximity to IWT facilities experience adverse health effects. These adverse health effects are severe enough that some families have abandoned their homes. Individuals report they welcomed IWTs into their community and the negative consequences were unexpected. Expressions of grief are exacerbated by the emotional and physical toll of individuals’ symptoms, loss of enjoyment (...) of homes and property, disturbed living conditions, financial loss, and the lack of society’s recognition of their situation. The author has investigated the reported loss of social justice through a review of literature, personal interviews with, and communications from, those reporting adverse health effects. The author’s intention is to create awareness that loss of social justice is being associated with IWT development. This loss of justice arises from a number of factors, including the lack of fair process, the loss of rights, and associated disempowerment. These societal themes require further investigation. Research by health professionals and social scientists is urgently needed to address the health and social impacts of IWTs operating near family homes. (shrink)

As more wind energy projects are constructed and placed into operation, their potential downsides are becoming more apparent to a larger number of people. One of the most contentious issues is that of the potential loss of property values for those who happen to own homes close to these projects. This issue may be more parochial and therefore seemingly less important than larger global issues, such as energy independence, sustainability, or global warming. But for those most directly affected by (...) these projects, it can serve as a single proxy for all the other local concerns with wind turbines, such as noise, visual pollution, and health. Moreover, rural homeowners vote in high numbers, and in those locations where there is still local control of wind energy projects, the local politicians will eventually reflect those concerns. The wind energy industry counters these concerns by quoting from a series of industry and government studies that claim to show that proximity to wind turbines does not materially affect home prices. However, their efforts at allaying the concerns of the local homeowners have not been very successful. This article discusses some of the reasons why the industry has been unsuccessful at quelling these concerns, including an evaluation of the evidence from both sides of the wind energy debate as a homeowner might see it and ends with suggestions on how the industry might allay these concerns. (shrink)

In 1791, the Loi relative aux découvertes utiles instituted a new patent system in France. Because patents were seen as the expression of the natural right of inventors, prior examination was abolished. However, only a few years after the law was passed, an unofficial examination was reinstated, and it was entrusted to the Comité Consultatif des Arts et Manufactures – a consultative body composed of prominent scientists. I analyze the political significance of the involvement of the savants in the patent (...) system, and based on the archives of the Comité, I study the scope and practicalities of the examination process, paying close attention to the ways through which the savants of the Comité directly intervened in the writing and drawing of specifications. I show how a distinct regime of intellectual property emerged in France and how it was constructed by the interests and norms of scientists, eager as they were to distinguish ‘science’ from ‘industry’ and establish the superiority of the former over the latter. (shrink)

In the wake of the considerable cultural changes and social shifts that the United States and all advanced industrial democracies have experienced since the late 1960s and early 1970s, social discourse around the disempowered has changed in demonstrable ways. In From Property to Family: American Dog Rescue and the Discourse of Compassion, Andrei Markovits and Katherine Crosby describe a “discourse of compassion” that actually alters the way we treat persons and ideas once scorned by the social mainstream. This (...) “culture turn” has also affected our treatment of animals inaugurating an accompanying “animal turn”. In the case of dogs, this shift has increasingly transformed the discursive category of the animal from human companion to human family member. One of the new institutions created by this attitudinal and behavioral change towards dogs has been the breed specific canine rescue organization, examples of which have arisen all over the United States beginning in the early 1980s and massively proliferating in the 1990s and subsequent years. While the growing scholarship on the changed dimension of the human-animal relationship attests to its social, political, moral and intellectual salience to our contemporary world, the work presented in Markovits and Crosby’s book constitutes the first academic research on the particularly important institution of breed specific dog rescue. (shrink)

This essay deploys the joint lenses of branding and space to examine the hegemonic operation of the Apple brand in the global culture industry. It does so by analyzing China’s ‘fake Apple Store’ event in 2011, which began with an American expat blogger’s discovery and subsequently caught the attention of global news media. While copying the look of an official Apple Store, these retailers displayed and sold genuine products originally assembled in China. Probing the cultural logic that gave rise to (...) the event, I argue that China’s ‘fake’ Apple Store emblematizes the power relations and subject positions that emanate from Apple’s global hegemony. The Apple Store, as a branded environment, is best seen as a heterotopia whose interpellating mechanism relies on the extensive-intensive character of the intellectual property rights (IPR) regime. While China’s copycat Apple Store can be seen as an attempt at a production of sameness, the ‘user-generated’ charge of its ‘fakery’ stems from the ‘distributed’ power of the Apple brand, which operates through a production of difference. Even though the varied responses to the event (on the part of Chinese authorities and Apple, the brand owner) reveal the contradiction within Apple’s extensive global reach, it more importantly points to a condition wherein consumer turned ‘prod-user’ subjects act as self-enlisted agents who work to perpetuate the brand’s design-intensive value regime. While the spectacle of ‘Chinese fakery’ manifests the ideological work of IPR in naturalizing the distinction between the copy and the fake, the extensive-intensive operation of the brand, embodied by the Apple Store, also undermines the ability of consumer subjects to meaningfully engage the ‘Chinese reality’ that is manufacturing labor. (shrink)

Remaining important tasks in finding and developing new drugs and vaccines for HIV/AIDS, malaria, cancer and other diseases require continued industry research and development. Industry’s research and development pipeline has produced drugs that have saved AIDS victims previously facing certain death, but still no cure nor vaccine is yet available. Experience with the process of research and development indicates that it requires more than a decade of development to produce a new drug with costs in the hundreds of millions of (...) dollars. Intellectual property protection is critically important in assuring that drug development continues. Partnerships between industry and the public sector have increased access to new therapies in developing countries and promise to enhance access to both patented and generic medicines in the future. (shrink)

The relevance of this topic is due to the processes of INDUSTRY 4.0, which takes place in a new industrial revolution and requires the formation of a new management theory as a factor in creating an environmentally balanced and socially oriented economy, aimed at increasing the welfare of the population and improving the environmental performance. The purpose of the study is the conceptualization of the new theory of management as a factor in the creation of an environmentally balanced and (...) socially oriented economy, and the methodology of analysis. Objectives of the study : using the methodology of system analysis, to form a new management theory as a factor in the formation of an environmentally balanced and socially oriented economy in the conditions of Industry 4.0, as the current management paradigm is deeply constrained. Analysis of recent research and publications, which launched the solution to this problem. Works by Macston Graham and Randers Jorgen. "In search of prosperity. Managing Economic Development to Reduce Unemployment and Climate Change " and Meadow Donnelly, Meadow Denis, Rangers Jorgen. "The limits of growth. 30 years later " discusses the challenges facing the developed world today, including steady unemployment, growing inequality of property, and rapid climate change. Until today, most of the solutions to these problems were politically unacceptable for a world focused on short-term benefits and a desire for continued economic growth. The scientific novelty of the research is to identify the problems of interaction between man, society, nature in the conditions of INDUSTRY and the conditions for their overcoming, which contribute to the formation of a new theory of management as a factor in creating an environmentally balanced and socially oriented economy. The results of the study: the conditions for the formation of a stable society, based on which the creation of an environmentally balanced and socially oriented economy; the definition of sustainable development of society and the mission of a new management theory are revealed, which should change the dominant social philosophy, which is based on the paradigm of how people look at the world. Conclusion - the basis of the new theory of management - the improvement of the world, challenging many economic and managerial concepts of INDUSTRY 4.0, which are based on "the limits of growth". (shrink)

Remaining important tasks in finding and developing new drugs and vaccines for HIV/AIDS, malaria, cancer and other diseases require continued industry research and development. Industry’s research and development pipeline has produced drugs that have saved AIDS victims previously facing certain death, but still no cure nor vaccine is yet available. Experience with the process of research and development indicates that it requires more than a decade of development to produce a new drug with costs in the hundreds of millions of (...) dollars. Intellectual property protection is critically important in assuring that drug development continues. Partnerships between industry and the public sector have increased access to new therapies in developing countries and promise to enhance access to both patented and generic medicines in the future. (shrink)

Intellectual property has traditionally been a matter for the legal professions, but with the shift to evidence-based policy, the global economic upheaval, and the advent of the digital age, intellectual property is increasingly informed by economic perspectives. This book provides a clear and practical guide to economic approaches to intellectual property, written for a legal audience. It introduces basic concepts in economics and finance that inform the law of intellectual property. Topics discussed offer additional perspectives include (...) the economics of innovation, development, crime, law, industrial organisation and welfare. Next, it considers the economics of specific intellectual property rights, including copyright, patents, trademarks, trade secrets, geographical indicator and design rights, as well as a section on competition. Finally, a section on applied approaches to the valuation of IP will help readers to understand the use of these topics in practice.This practical text offers readers a better understanding of economic debates in intellectual property, as well as tools to enhance their ability to critique evidence-based policy. (shrink)

The book focuses on two pillars of China's economic success: industrial enterprises and the national system of innovation. The first part investigates the nature and evolution of productive enterprises, concentrating on the rounds of transformation of their ownership structure. The second part analyses the structure of China's national innovation systems. The analysis is based on a thorough study of statistical data provided by the China Statistical Yearbook, the World Bank and other sources. Alberto Gabriele emphasizes two key points, which (...) constitute a partly novel interpretation of two aspects of China's unique development. The first point is the crucial role of public ownership of the country's core means of production, in the framework of a harmonious market where different types of property coexist. China, the author argues, gradually abandoned old-fashioned administrative command tools and is relying more and more on indirect and value-based forms of strategic control of productive assets. The second point is China's strategic emphasis on technological progress and innovation, accompanied by an effort to develop national capacity and reduce its dependence on other countries. China's drive to become a first-class technological power revolves around the enhancement of its national innovation system, the author says. Big private high-tech companies play a crucial role; however, the main engines of progress are state-controlled enterprises, universities and research centres. (shrink)

The so-called resource curse raises moral issues. Who, if anyone, is morally responsible for it? This article argues that this question amounts to: who is blameworthy for the violations of people's property rights? The international oil companies are blameworthy for the violations of property rights only in the case of complicity, not in the normal purchase case. Yet the international community has to take action against massive violations of property rights. The article discusses different measures, and criticizes (...) voluntary initiatives such as the Extractive Industries Transparency Initiative for not making the states accountable to their people. In this line of thought, it argues for an extension of the mandate of the International Criminal Court: massive violations of property rights should be prosecuted at the international level. (shrink)

Since the early 1990s, the extractive industries have increasingly valued corporate social responsibility in the communities where they operate. More recently, these industries have begun to recognize the importance of adapting CSR efforts to unique local contexts rather than applying a one-size-fits-all model. However, firms understand local context to mean culture and treat the physical properties of the host region—topography, geology, hydrology, and climate—as the exclusive purview of mineral geologists and engineers. In this article, we examine the organization of CSR (...) at two industrial-scale gold mines in Guatemala, owned by the same firm, which yielded starkly distinct levels of support among host community residents. We develop the idea of social terrain to convey the way in which the biophysical environment informs local social relations and imbues phenomena with particular social meanings. We argue that firms must account for social terrain in organizing for CSR. The literature struggles to provide guidelines for identifying and understanding stakeholders. Social terrain, we argue, can begin to bridge this gap between theory and practice. (shrink)

Intellectual property has traditionally been a matter for the legal professions, but with the shift to evidence-based policy, the global economic upheaval, and the advent of the digital age, intellectual property is increasingly informed by economic perspectives. This book is a comprehensive, critical analysis of economic interpretations of intellectual property, written for researchers, practitioners and policymakers. It analyses the interface between economics, finance, accountancy and intellectual property law. Commencing with a critical analysis of the economics of (...) innovation, law, industrial organisation and welfare, the book then critiques the economics of specific intellectual property rights, including copyright, patents, trade marks, geographical indications and design rights. It further assesses the interaction between economics, IP and competition. Finally, it examines why, when and how IP generates value, reviewing contemporary approaches to valuation and accounting, and the emerging use of IP to facilitate business finance. This analytical text offers readers a better understanding of IP's contribution to macro- and microeconomics, as well as insights that inform the debate on evidence-based IP policy. (shrink)

Patient-reported outcome measures are now common endpoints in clinical trials. In 2009 in an effort to standardize and streamline their use in medical product labeling, the FDA published FDA Guidance for Industry Patient-Reported Outcomes Measures: Use in Medical Product Development to Support Labeling Claims. This publication drew attention to the need to ensure that PROMs are methodologically sound. Nonetheless, in this paper I discuss how many of these measures continue to fall short in terms of validity, interpretability, and responsiveness. As (...) a reaction to these shortcomings, researchers increasingly call for the development of more scientific measures. I argue that although improving PROMs’ measurement properties is a worthy endeavor, we should not be uncritical of these attempts. Calling for improved measures in the name of science should not blind us to the way that even our best measures employ values in their development—values that may further the marketing needs of industry. When values are needed to further our scientific ends, it behooves us to examine them in terms of their social consequences. Thus I argue that we ought to consider not only the scientific advances that new PROMs may bring but also the values that are used to develop them. (shrink)

This is a book about food, philosophy, and intellectual property rights. Taken separately, these are three well-known subjects; but it is uncommon to consider them together. Delivering a rich field of disputes, the book is comprised of 50 case studies, organized around eight themes: images; genericity and descriptiveness; language traps; procedures; menus, recipes, and creativity; boundaries; biotech; and empowerment. The introductory chapter frames the selection of cases and encourages readers to look beyond them, envisaging new lenses to look at (...) food vis-à-vis intellectual property. The terrain encompassed is wide-ranging and reaches out to fine-grained aspects of food products, recipes, and cooking. Conceived for a wide scope of readers, the volume ultimately interrogates the links between food and cultural identity, bringing to the fore the ethical, political, aesthetic worth of culinary arts and gastronomic experiences. This accessible book will be of value to scholars, students, practitioners and others with interests in the areas of intellectual property, food law and food studies. (shrink)

In recent decades, advances in information technology have given rise to a post-industrial society in which emphasis on the manufacture of material goods has been supplanted by the creation of intellectual property. Indeed, this new “knowledge economy” can be tracked by the exponential growth in patented products across a range of sectors since the 1980s. According to the United States Patent and Trademark Office, the number of annual patent applications submitted grew from 112,379 to 520,277 over the past (...) three decades, a 464% increase.The transformation in the industrial markets has been accompanied by the rise of a new, global institution for coordinating intellectual property rights : the World Trade Organization. (shrink)

Erasmus' Adages, a vast collection of the proverbial wisdom of Greek and Roman antiquity, was published in 1508 and became one of the most influential works of the Renaissance. It also marked a turning point in the history of Western thinking about literary property. At once a singularly successful commercial product of the new printing industry and a repository of intellectual wealth, the Adages looks ahead to the development of copyright and back to an ancient philosophical tradition that ideas (...) should be universally shared in the spirit of friendship. In this elegant and tightly argued book, Kathy Eden focuses on both the commitment to friendship and common property that Erasmus shares with his favourite philosophers - Pythagoras, Plato, and Christ - and the early history of private property that gradually transforms European attitudes concerning the right to copy. In the process she accounts for the peculiar shape of Erasmus' collection of more than 3,000 proverbs and provides insightful readings of such ancient philosophical and religious thinkers as Pythagoras, Plato, Aristotle, Cicero, Iamblichus, Tertullian, Basil, Jerome, and Augustine. (shrink)

The dominant approach to environmental policy endorsed by conservative and libertarian policy thinkers, so-called “free market environmentalism”, is grounded in the recognition and protection of property rights in environmental resources. Despite this normative commitment to property rights, most self-described FME advocates adopt a utilitarian, welfare-maximization approach to climate change policy, arguing that the costs of mitigation measures could outweigh the costs of climate change itself. Yet even if anthropogenic climate change is decidedly less than catastrophic, human-induced climate change (...) is likely to contribute to environmental changes that violate traditional conceptions of property rights. Viewed globally, the actions of some countries—primarily industrialized nations—are likely to increase environmental harms suffered by other countries—less developed nations that have not made any significant contribution to climate change. It may well be that aggregate human welfare would be maximized in a warmer, wealthier world, or that the gains from climate change will offset environmental losses. Yet such claims, even if demonstrated, would not address the normative concern that the consequences of anthropogenic global warming would infringe upon the rights of people in less-developed nations. As a consequence, this paper calls for a rethinking of FME approaches to climate change policy. (shrink)

This paper forms an introduction to this issue, the contents of which arose directly or indirectly from a conference in May 2001 on Corruption of scientific integrity? — The commercialisation of academic science. The introduction, in recent decades, of business culture and values into universities and research institutions is incompatible with the openness which scientific and all academic pursuit traditionally require. It has given rise to a web of problems over intellectual property and conflict of interest which has even (...) led to corporate sponsors’ suppressing unfavourable results of clinical trials, to the detriment of patients’ health. Although there are those who see the norms of science developing to recognise the importance of instrumental science aiming at specific goals and of knowledge judged by its value in a context of application, none justifies the covert manipulation of results by vested interest. Public awareness of these problems is growing and creating a climate of opinion where they may be addressed. We suggest a way forward by the introduction of nationally and internationally-accepted guidelines for industrial collaboration which contain proper protections of the core purposes of universities and of the independence of their research. Some codes suggested for this purpose are discussed. We note that some universities are moving to adopt such codes of conduct, but argue the need for strong support from the government through its funding bodies. (shrink)

The use of computers for simulation work can be traced back to the 1950s, and the pioneering work of Stafford Beer, KD Tocher and others at Cybor House in Sheffield, UK, the research and development (R&D) department of British steelmakers, United Steel. This innovative simulation work sought to offer an abstracted, ‘total’ environment of the steelmaking process in which different operational activities could be modeled. Critical to this work was the ability of computer simulations to perform such modelling at a (...) fraction of the cost, wasting fewer material resources, and in a considerably shorter timeframe. Such work can be understood as the earliest example of the application of industrial-scale ‘automated computation’ to a real-world industrial process. Similarly indebted to the early principles of computer simulation, Waymo engineers are also engaged in the building of so-called ‘conflict typologies’ designed to encode material properties of everyday driving interactions between road users, rather than simply road users themselves. Through ‘motion planning’, coupled with the categorization of driving interactions, Waymo engineers build instrumental understanding of their own system’s purported intelligence in navigating everyday driving situations. Functioning as ‘generative mechanisms’ rather than simply evaluative devices, engineers seek to industrialize—instrumentalize, scale up, rationalize—everyday driving knowledge. Through conflict typologies, instrumental knowledge of the actual capacities of autonomous vehicles is industrialized, materialized, and realized. (shrink)

There are complex unresolved ethical, legal and social issues related to the use of human tissues obtained in the course of research or diagnostic procedures and retained for further use in research. The question of intellectual property rights over commercially viable products or procedures that are derived from these samples and the suitability or otherwise of participants relinquishing their rights to the samples needs urgent attention. The complexity of these matters lies in the fact that the relationship between intellectual (...) property rights and ownership or rights pertaining to the samples on which the intellectual property right is based may either be overlooked or taken for granted. What equally makes the matter complex is that samples may be obtained from participants in developing countries and exported to developed countries for analysis and research. It is important for research ethics committees to tread carefully when reviewing research protocols that raise such issues for purposes of ensuring that appropriate benefit sharing agreements, particularly with developing countries, are in place.This paper attempts to analyse the key questions related to ownership and intellectual property rights in commercially viable products derived from human tissue samples. Patent law is used as a point of reference as opposed to other forms of intellectual property rights such as industrial designs because it is the right that most inventors apply for in respect of human tissue-related inventions. The key questions are formulated following a systematic analysis of peer reviewed journal articles that have reported original investigations into relevant issues in this field. Most of the cases and reported studies that are referred to in this paper do not directly deal with HIV/AIDS research but the underlying principles are helpful in HIV/AIDS research as well. Pertinent questions, which members of ethics review committees should focus on in this regard are discussed and suggestions on appropriate approaches to the issues are proposed in the form of specific questions that an ethics review committee should consider. Specific recommendations regarding areas for further research and action are equally proposed. (shrink)

The Industrial Revolution caused an expansion of our ideas of property to include other forms of wealth, such as innovations and productive techniques. And the modern age has caused a further expansion of our ideas of property to include inchoate items, particularly information. The Framers of the U.S. Constitution presumed that government not only took an expansive view of the nature of property rights, they also believed that such rights should be protected. To James Madison and (...) the other Framers, property was a “broad and majestic term” that “embraces everything which may have a value to which man may attach a right.”. (shrink)

The pharmaceutical industry has in recent years come under attack from an ethical point of view concerning its patents and thenon-accessibility of life-saving drugs for many of the poor both in less developed countries and in the United States. The industry has replied with economic and legal justifications for its actions. The result has been a communication gap between the industry on the one hand and poor nations and American critics on the other. This paper attempts to present and evaluate (...) the arguments on all sides and suggests a possible way out of the current impasse. It attempts to determine the ethical responsibility of the drug industry in making drugs available to the needy, while at the same time developing the parallel responsibilities of individuals, governments, and NGOs. It concludes with the suggestion that the industry develop an international code for its self-regulation. (shrink)

Intellectual property law plays a pivotal role in ensuring that luxury goods companies can recoup their investments in the creation and dissemination of their copyrighted works, trademarked logos, and patented designs. In 2011, global sales for luxury goods reached about $250 billion, and consumers in East and Southeast Asia accounted for more than 50 percent of that figure. The rapid expansion of the market has prompted some retailers to wield intellectual property against the influx of imitators and counterfeiters. (...) The Luxury Economy and Intellectual Property comprehensively explores the rise of the luxury goods economy and the growing role of intellectual property in creating, sustaining, and regulating this economy. Leading scholars across various disciplines critically consider the industry, its foundational intellectual property laws, and the public interest and social concerns arising from the intersection of economics and law. Topics covered include defining the concept of luxury, the social life of luxury goods, concerns about distributive justice in a world flooded by luxury goods and knockoffs, the globalization of luxury goods, and the economic, social, and political ramifications of the meteoric rise of the Asian luxury goods market. (shrink)

This paper argues that the new commercial and quasi-commercial activities of medicine, scientists, pharmaceutical companies and industry with regard to human tissue has given rise to a whole new way of valuing our bodies. It is argued that a property framework may be an effective and constructive method of exploring issues arising from this. The paper refers to A M Honoré’s theory of ownership and aims to show that we have full liberal ownership of our own bodies and as (...) such can be considered to be self-owners. (shrink)

Basic human rights are supposed to protect people from abuse and harm. They are the means whereby we protect our humanity. One would expect, therefore, that basic human rights would be valid and sacred in any context, including industrial relations. However, the complexity of the employee–employer relationship obscures this issue, and it is not clear whether such rights can be protected or whether they are valid in the context of industrial relations. Since rights are relational, they are preconditioned (...) on the special nature of the relationship between employee and employer. Hence, the specific meaning that these rights have in industrial relations cannot be grounded in the notion of human rights as such, but rather depends on the special relationships between employers and employees. Though much legislation has been passed to regulate the relationship between employees and employers, the issues surrounding this relationship remain one of the most debated topics in business ethics. Our paper focuses specifically on the right to equal pay and the right to privacy. With respect to the right to property, the paper examines whether there is a conflict between general human rights and the fundamental right of employers to their property. The Israeli legislature has responded to this conflict by enacting ‘protective laws’ that legally outline and mandate certain human rights. Under these laws, employees are prevented and prohibited from waiving the rights granted to them by law, even if employed in private industries. Despite this legislative effort, market forces are at times stronger, and consequently some basic rights are not fully applied or implemented. (shrink)

The chicken meat, or broiler, business in the United States is a vertically integrated industry in which integrator corporations control all aspects of the business. Primarily through a series of business acquisitions, an industry duopoly has evolved. The two dominant integrator corporations, Pilgrim's Pride and Tyson Foods, are profitable, and their officers and stockholders benefit from the corporations’ financial success. The multitude of local growers who nurture the chickens to maturity for the integrators, however, benefit minimally from the financial success (...) of the integrators, as the growers face a myriad of financial, environmental, community, and health problems. Many growers have difficulty in extracting themselves from an occupation that requires their initial, personal expenditure, or debt of hundreds of thousands of dollars. Additionally, many who live in regions or states of broiler growing facilities suffer from gases emitted by these facilities and correspondingly lower property values. Several demographic, economic, education, health, and quality of life metrics were analyzed for the 50 U.S. states to provide insights regarding the ethics of the broiler industry and why some states produce significantly more broilers than others. (shrink)

From its initial conceptualization as emotional exhaustion, cynicism, and reduced personal efficacy for the help professions, burnout has received increasing attention in modern times, especially after the 2019 WHO’s inclusion of this syndrome in the ICD-11 list. Burnout can be measured using several psychometric instruments that range in dimensionality, number of items, copyrighted, and free use formats. Here, we report the psychometric properties of data gathered with the Oldenburg Burnout Inventory in a sample of Portuguese Aircraft maintenance technicians. As far (...) as we know, this is the first study addressing the burnout syndrome in this occupational group. Data gathered with the OLBI displayed good evidence of validity related to internal structure, to other variables, with good evidence of reliability. We showed that burnout significantly correlated with mental and physical fatigue emphasizing the vital critical role that these variables play with safety in the aviation industry. (shrink)

In this research article, we presented the idea of intuitionistic fuzzy incidence graphs along with their certain properties. The number of operations including Cartesian product, composition, tensor product, and normal product in an IFIGs are also investigated. The method to compute the degree of IFIGs obtained by CP, composition, tensor product, and the normal product is discussed. Some important theorems to calculate the degree of the vertices of IFIGs acquired by CP, composition, tensor product, and normal product are elaborated. An (...) application of CP and composition of two IFIGs in the textile industry to find the best combinations of departments expressing the highest percentage of progress and the lowest percentage of nonprogress is provided. A comparative analysis of our study with the existing study is discussed. Our study will be beneficial to comprehend and understand the further characteristics of IFIGs in detail. Another advantage of our study is that it will be helpful to find the maximum percentage of progress and minimum percentage of nonprogress in different departments of universities, garment factories, and hospitals. (shrink)

This paper forms an introduction to this issue, the contents of which arose directly or indirectly from a conference in May 2001 on Corruption of scientific integrity? — The commercialisation of academic science. The introduction, in recent decades, of business culture and values into universities and research institutions is incompatible with the openness which scientific and all academic pursuit traditionally require. It has given rise to a web of problems over intellectual property and conflict of interest which has even (...) led to corporate sponsors’ suppressing unfavourable results of clinical trials, to the detriment of patients’ health. Although there are those who see the norms of science developing to recognise the importance of instrumental science aiming at specific goals and of knowledge judged by its value in a context of application, none justifies the covert manipulation of results by vested interest.Public awareness of these problems is growing and creating a climate of opinion where they may be addressed. We suggest a way forward by the introduction of nationally and internationally-accepted guidelines for industrial collaboration which contain proper protections of the core purposes of universities and of the independence of their research. Some codes suggested for this purpose are discussed. We note that some universities are moving to adopt such codes of conduct, but argue the need for strong support from the government through its funding bodies. (shrink)

Based on the findings of several research studies of professionals in both the property-liability insurance industry and the life insurance industry, the paper makes and supports several important points. First, ethical challenges in the insurance industry involve not only a series of ethical dilemmas frequently faced by those working in the business, but also a variety of factors that hinder those working in the industry as they seek to resolve the ethical dilemmas encountered in the course of their work. (...) Both of these two components of ethical challenges must be understood by those in the financial services industry who will deal with insurance operations in the future. Second, whereas the life insurance business and the property-liability insurance business have traditionally been viewed as being quite different from one another and still are in terms of operations and regulation, the research findings show that they are no longer very different in terms of the key ethical challenges faced by those working in the two segments of the industry. The paper shows how during the past decade the ethical challenges in the property-liability insurance industry have become quite similar to those in the more troubled life insurance industry. (shrink)

In this paper, we examine some ethical implications of a controversial court decision in the United States involving Verizon (an Internet Service Provider or ISP) and the Recording Industry Association of America (RIAA). In particular, we analyze the impacts this decision has for personal privacy and intellectual property. We begin with a brief description of the controversies and rulings in this case. This is followed by a look at some of the challenges that peer-to-peer (P2P) systems, used to share (...) digital information, pose for our legal and moral systems. We then examine the concept of privacy to better understand how the privacy of Internet users participating in P2P file-sharing practices is threatened under certain interpretations of the Digital Millennium Copyright Act (DMCA) in the United States. In particular, we examine the implications of this act for a new form of “panoptic surveillance” that can be carried out by organizations such as the RIAA. We next consider the tension between privacy and property-right interests that emerges in the Verizon case, and we examine a model proposed by Jessica Litman for distributing information over the Internet in a way that respects both privacy and property rights. We conclude by arguing that in the Verizon case, we should presume in favor of privacy as the default position, and we defend the view that a presumption should be made in favor of sharing (rather than hoarding) digital information. We also conclude that in the Verizon case, a presumption in favor of property would have undesirable effects and would further legitimize the commodification of digital information – a recent trend that is reinforced by certain interpretations of the DMCA on the part of lawmakers and by aggressive tactics used by the RIAA. (shrink)

The purpose of this study was to build upon previous ethical research; thereby, advancing the hospitality industry's understanding of ethical decision making in lodging operations. In particular, this study reviewed: (a) the primary normative ethical precepts (i.e., egoism, benevolence, and principle) used as a criterion in ethical decision making, and (b) the predominant locus of analysis (e.g., individual, local, or cosmopolitan referent sources) used in applying ethical precepts to ethical decisions.The sample consisted of 500 lodging operations as randomly abstracted from (...) the 1994 Hotel Travel Index produced by Reed Travel. The researcher selected full service, limited service, or as rooms-only lodging operations throughout the United States. A full service property offered guest rooms, meeting rooms, and food and beverage services. A limited service property offered a continental breakfast, small meeting facilities, and guest sleeping rooms. A rooms-only property only offered guest rooms. This purposive sampling process resulted in 198 usable surveys. (shrink)

This article helps to clarify and articulate the ideological, legal, and ethical attitudes regarding software as intellectual property (IP). Computer software can be viewed as IP from both ethical and legal perspectives. The size and growth of the software industry suggest that large profits are possible through the development and sale of software. The rapid growth of the open source movement, fueled by the development of the Linux operating system, suggests another model is possible. The large number of unauthorized (...) copies of software programs suggests that many people do not believe in laws regarding software copyright. There are many and varied views of software as IP, even within the information systems (IS) profession. In this article, four distinct subgroups of IS professionals are identified. The article describes the four subgroups and their respective ideological views on software ownership; it explores the subgroups' attitudes regarding software laws; and finally, it explains the ethical positions embraced by each subgroup. (shrink)

Developing and applying a framework for understanding the complexities of economic and legal considerations in two recent Supreme Court rulings was the focus of this research. Of especial concern was the protection of intellectual property in the pharmaceutical industry. Two cases from 2013 were selected: FTC v. Activis and Association for Molecular Pathology v. Myriad Genetics, Inc.. Part of the rationale for the selection was the importance of the Supreme Court rulings and the importance of the pharmaceutical sector. A (...) qualitative content analysis of the Court’s reported decision in each case was analyzed. Since ethical considerations may or may not be consistent with efficiency considerations of plaintiffs, defendants, or the courts, both efficiency and ethical arguments were included. Equally important to the understanding of the economic and ethical issues in the two above- mentioned cases was the development of a rationale for including and excluding a variety of ethical theories, ultimately influenced by Markkula Center For Applied Ethics Of Santa Clara University and Schumann :93–111, 2001). The refinement and use of a levels analysis approach portrays societal, organizational, and individual impacts, and allows for deeper understanding of litigated cases, irrespective of the country in which the litigation takes place :385–393, 2004; Foss et al., J Manag Stud 47:455–482, 2010). A rationale for this framework is the societal and organizational impacts on the myriad of stakeholders in the pharmaceutical sector. We suggest that this framework can be applied to other industries and other complex conflicts among stakeholders as well. (shrink)

The past three decades have seen a decline in traditional industries in the United Kingdom and there has been a relative decline in the value of physical assets to the UK economy. At the same time, the value of intangible assets seen in intellectual property rights have increased considerably. As such, IP rights represent important assets for companies and often comprise the foundation for market dominance and continued profitability. There is a structural uncertainty in the law relating to the (...) use of IP as collateral for the purpose of raising debt finance and this may impact upon the survival of firms with high ratios of intangible to tangible assets. This article considers the proper goals for an effective credit and security regime in IP. It examines the significance of the availability of collateral to the lending decision and also considers whether the reluctance to maximise the use of IP as security reflects inherent difficulties which arise out of the nature of IP as economic assets. This has implications for the reform of English personal property security law and the development of bright line priority rules associated with Article 9 of the US Uniform Commercial Code which is often cited as a model for reform of English law. (shrink)

The choice of new technology in a resource-based industry has far-reaching implications for its ethical performance. The kraft pulping industry uses considerable amounts of wood as raw material, and regulatory agencies have been tightening their control limits for effluent, solid waste and air emissions. The technological solutions required to reduce the environmental impact of the industry are shown to have the potential of causing social hardship for the mill's employees, the affected communities, lenders, and owners. In some instances, the technological (...) solutions give rise to new environmental challenges. Forestry practices are influencing the public's perception of the kraft pulping industry, its ethical and environmental performance, its profitability, and the properties of its product, which may increase wood requirements. New forestry practices have the potential to reduce the forest land area required to sustain the kraft pulp production at a given level but ethical problems associated with genetic manipulation, phenodiversity, and biodiversity are identified. This paper analyzes the interface between environmental protection, ethics, and choice of technology. (shrink)

American business's fascination with both laborsaving devices and low wage environments is causing not only structural unemployment and dissipation of the nation's industrial base but also the deterioration of abandoned host communities. According to individualist understandings of the right of private property, this deterioration is beyond sanction except insofar as it affects the property rights of others. But corporate stockholders and managers should not be considered the only owners of property the value of which is due (...) in part to the investments of employees and of the host community. The contributions of the latter should therefore be adequately recognized in law. Short-term job protection and long-term planning for leisure are helpful. But still more important is a recognition in public policy of the interests of the community in property owned by corporations. There is ample precedent in our legal traditions for public preemption of private property; but in contrast to much taking in the past, this must be exercized in a manner that is truly for the public benefit. (shrink)

Research in the area of intellectual property (IP) is increasingly relevant to the rapidly growing artificial intelligence (AI) and robotics industries, affecting the legal, business, manufacturing, and healthcare sectors. This contributed volume aims to develop our understanding of the legal and ethical challenges posed by artificial intelligence and robotics technologies and the appropriate intellectual property based legal and regulatory responses. It provides a philosophical and legal framework for considering concepts and principles that relate to the development and use (...) of such technologies at the international, regional, and national levels. The legal discourse in IP concerns the ever-growing AI sector and how businesses can protect their IP and incorporate AI. Moral sentiments often take a back seat to market sentiments, even in shaping the direction of ethical business strategy. This anomaly persists despite growing interest in ethics and IP. Taking an interdisciplinary and diverse perspective, this book enriches the evolving definition and scope of IP literature by focusing on actors, products and regulation that shape the business sector. Considering the gap between theory and practice, this book bridges academic and professional knowledge in unpacking legal, ethical and governance issues in the intellectual property industry. In an effort to include as many viewpoints as possible, contributions have been gathered from diverse fields, including business, ethics, governance, law, philosophy and technology studies. This book will appeal to academics in the field of intellectual property, business ethics, AI, emerging technologies and strategic innovation, as well as practitioners and policy makers. (shrink)

This paper argues that the occurrence of a non-native species, such as purple loosestrife, on one's property does not constitute a nuisance in the context of background principles of common law. No one is injured by it. The control of non-native species, such as purple loosestrife, does not constitute a compelling public interest, moreover, but represents primarily the concern of an epistemic community of conservation biologists and ecologists. This paper describes a history of cases in agricultural law that establish (...) that a public authority may enter private property to destroy a tree or other species but only to protect a compelling public interest, such as the apple industry in Virginia or the citrus industry in Florida, and only if it pays all the costs including just compensation. The paper argues a fortiori that if a public authority enters private property to control non-native or “invasive” species it must pay all the costs and indemnify the owner—contrary to what many state laws contemplate and the Environmental Law Institute recommends. (shrink)

Mirvac chief executive Susan Lloyd-Hurwitz, not one usually associated with sympathy for tenants on the rental market, said earlier this year that ‘renting in Australia is generally a very miserable customer experience…the whole industry is set up to serve the owner not the tenant’ Her observation is basically correct and the solution she offers is to change the current situation where small investors, supported by generous government tax concessions, provide effectively all of the country’s private rental housing. Lloyd-Hurwitz wants Mirvac, (...) a property group currently managing over $15 billion of assets, to become an apartment landlord that would own not one or several properties like small investors currently do but rather thousands of properties to rent out. The proposal is for Mirvac to build apartment blocks and then, instead of selling individual apartments, rent them out on long-term or indefinite leases. This build-to-rent housing scheme would of course make the real estate–investment company a great deal of money. At the same time it would do very little to alleviate the current housing crisis. Such schemes are a nonstarter for people who want the security, stability and independence of home ownership, which is a very Australian aspiration that is increasingly becoming unobtainable not only for those experiencing homelessness, but also for the poor and middle-class. Those of us who care about finding a real solution to the housing crisis would do well to consider how we got into this situation in the first place, and then consider how this might inform what we do next. The following then, traces some of the historical and philosophical roots of our understanding of property and their institutionalisation via various levels of government, especially in the Australian context. (shrink)

One of the greatest problems facing luxury goods firms in a globalizing market is that of counterfeiting. The purpose of this paper is to analyze the different types of counterfeiting that take place in thefashion industry and the ethical issues raised. We argue that the problem partly lies in the industry itself. Copying of designs is endemic and condoned, which raises several ethical dilemmas in passing judgment on the practice of counterfeiting. We analyze the ethical issues in a number of (...) different types of counterfeiting encountered in the fashion industry. We conclude with some observations on the general implications for ethics in intellectual property rights. (shrink)

This study analyzes interview data from 37 science and engineering faculty involved in university-industry relations. Faculty are particularly concerned about how these relations affect their work with graduate students. Our analysis is guided by ritual exchange theory and network theory. First, we explore the ways faculty define and redefine what makes industrial or corporate research appropriate or inappropriate for training graduates. Second, we examine difficulties and tensions faculty face when they work with students on industrial or corporate projects. (...) These difficulties and tensions center on intellectual property and we look at how faculty negotiate with industry over restrictions on publication of graduate student and faculty research results, on faculty and graduate student involvement in start-up companies, and on faculty and graduate student ownership of intellectual property. (shrink)

The role of the cultural assets as one of the pillars of sustainable development is undeniably of great significance in the cultural sustainability of cities. Indeed, the way users understand and interpret cultural heritage sites would be highly critical to managing cultural organizations properly. It means by improving users’ perception of these sites, it can expect a fair distribution of comprehensive awareness among generations about the values of cultural assets. Past studies in spatial psychology have demonstrated that environmental properties can (...) positively Influence human emotions. On the other hand, using computational–mathematical methods used to examine spatio-visual properties have rarely been compared to human perceptions. This paper examines the impact of spatio-visual properties on human perception as a clever cultural management strategy to promote cultural sustainability. It is discussed how environmental features in general, and visibility in particular, can shape the way users interpret cultural heritage. Results indicate that not only visibility of users’ paths within cultural heritage sites can be an influential factor for the development of users’ perception, but also the visibility of the entrance of these complexes can change their understanding. This means that decision-makers, architects, and managers of the cultural organizations can apply these findings as cultural management framework by defining predefined paths in these sites in the way that they possess high visibility and visible entrance. Consequently, the distribution of public awareness among generations can be improved to strengthen the role of cultural aspects in sustainable development. (shrink)