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Case and statute analysis

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Presentation on theme: "Case and statute analysis"— Presentation transcript:

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2 Case and statute analysis
Statutory origins of IP -international -regional -domestic Statute and treaty interpretation Case analysis -doctrine of precedent -res judicata

3 Theoretical Approaches
Incentive thesis Natural rights theory Theory of innovation Information theory Technology transfer theory

4 Patents- Issues Biotechnology and access to genetic resources
Plant varieties and food security Pharmaceuticals Computer programmes and business methods Research exception Employee inventions

5 Trademarks Origin function Quality function Well-known marks
Absolute and relative grounds Geographical indications Licensing

6 Copyright Interest analysis –users and owners Subject matter Databases
Digital rights Anti-circumvention Moral rights Performers rights

7 Confidentiality Defences Test data Government v private secrets
Trade Secrets Confidentiality Defences Test data Government v private secrets

8 Traditional knowledge
Cultural expressions Traditional scientific knowledge Indigenous peoples Informed consent Benefit sharing Databases

9 Enforcement Counterfeiting Piracy
Judicial enforcement –procedure, orders Administrative enforcement-border control


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