The Emergence and Development of Intellectual Property Law in the Middle East

The Emergence and Development of Intellectual Property Law in the Middle East
Author: Michael Birnhack
Publisher:
Total Pages: 0
Release: 2020
Genre:
ISBN:

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The Eurocentric term 'Middle East' captures the historical sources and the emergence of Intellectual Property (IP) in this region. The initial European (British and French, replacing the Ottoman Empire) influence had a long lasting effect, and its laws, sometimes reformulated into local laws, are still in force in large parts of the region. In the mid-1990s the European dominance was taken over by newer winds of globalization. The global replaced the colonial, with new demands. Both the colonial IP and the globalized IP legal frameworks were mostly indifferent to local needs, and imposed a 'one size fits all' approach, allowing a rather narrow leeway for the local interests. Thus, Middle Eastern IP law is a case of western legal transplants, which by now have been absorbed within the recipient local legal systems. However, the insertion of a law from one jurisdiction into another is a process rather than a one-time event, and in the course of its assimilation, the transplanted law itself changes. This Chapter explores the emergence and development of IP law in the Middle East as a case of a western legal transplant.Politics, economics and culture have invariably affected the practice of the law. Instead of a rather technocratic doctrinal approach that compares the law in a given country to the international standards and asks about 'compliance', we advocate a richer evaluation of a country's IP regime. In assessing IP laws against global standards, one should inquire whether the law emerged from within this country, or was imposed upon it. In the latter case, the assessment should contextualize IP within the larger legal framework, along with constitutional law (especially freedom of expression), contract and property law, antitrust, tax and corporate law, as well as principles of unjust enrichment, good faith and the like. The assessment should take into consideration the political economy, local and global politics, and the country's unique cultural needs.We focus on several countries, each illustrating a different mix of legal, economic, political, and cultural factors. We discuss Egypt, Israel and the Palestinian Authority, Jordan, Saudi Arabia and the United Arab Emirates (UAE). We focus on the three main branches of IP laws: copyright, patents, and trademarks.

The Oxford Handbook of Intellectual Property Law

The Oxford Handbook of Intellectual Property Law
Author: Rochelle Cooper Dreyfuss
Publisher: Oxford University Press
Total Pages: 1025
Release: 2018
Genre: Law
ISBN: 0198758456

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A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.

The Concept of Intellectual Property in the Middle East (Saudi Arabia) and the Sharia Law

The Concept of Intellectual Property in the Middle East (Saudi Arabia) and the Sharia Law
Author: Nadiia Kudriashova
Publisher: GRIN Verlag
Total Pages: 16
Release: 2019-09-25
Genre: Law
ISBN: 3346022013

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Scientific Study from the year 2018 in the subject Law - Civil / Private / Law of Obligation / Property Law, grade: MA, Columbia International University, language: English, abstract: At present, a key factor in the development of the economy is intellectual resources - knowledge and information. The competitiveness of the country in the world markets of science-intensive and high-tech products largely depends on the effective use of intellectual property. As it is shown by the progressive experience of various countries, namely, this increases the productivity of economic activity, ensuring the dynamic development of the economy. In recent decades, the governments of many countries of the world have been paying close attention to the effective implementation of intellectual property, constantly improving its legislative regulation. In the context of continuous technological progress, leading companies in developed countries are constantly restructuring their assets, including intangible, to strengthen control in the markets of high technology products.

Intellectual Property Law in Saudi Arabia

Intellectual Property Law in Saudi Arabia
Author: Mohammed El Said
Publisher: Kluwer Law International B.V.
Total Pages: 206
Release: 2018-08-03
Genre: Law
ISBN: 9403502215

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning Intellectual Property Law in Saudi Arabia. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Intellectual Property Law in Saudi Arabia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Intellectual Property Laws of the Arab Countries

Intellectual Property Laws of the Arab Countries
Author: Tala Abu-Ghazaleh
Publisher: BRILL
Total Pages: 1042
Release: 2021-11-29
Genre: Law
ISBN: 9004502963

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This first-time-ever compilation on the protection and enforcement of intellectual property rights reveals that the Arab countries of the Middle East and North Africa meet international standards in the legal protection of copyrights, patents, trademarks, and integrated circuit design. For each of seventeen Arab countries (plus Palestine and the Gulf Cooperation Council), Intellectual Property Laws of the Arab Countries gives transnational businesses and their counsel complete details in such areas of practice as the following: eligibility for protection; registration and renewal procedures; dispute resolution; succesion of rights; enforcement of penalties for infringement; and administrative and judicial remedies.

The Development of Intellectual Property Regimes in the Arabian Gulf States

The Development of Intellectual Property Regimes in the Arabian Gulf States
Author: David Price
Publisher: Routledge
Total Pages: 419
Release: 2009-04-24
Genre: Business & Economics
ISBN: 1134024959

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This book examines the development of national legislative regimes for the protection of intellectual property rights in the Arabian Gulf states: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, the United Arab Emirates, and Yemen. David Price analyses IP rights in these states in the context of WTO membership, and consequent compliance with the requirements of the WTO’s TRIPS Agreement. The challenges of domestic enforcement of the states’ IP laws receive critical attention. A particular focus of the book is on foreign forces which have shaped or influenced the character of the states’ IP protection regimes. It includes commentary on the contribution of foreign states, the WTO and WIPO in the pre-TRIPS and TRIPS compliance stages, and the US bilateral trade strategy for pursuing IP protection standards that exceed those enshrined in TRIPS, and the impact of these forces upon the states’ enforcement performance. The role of the Office of the United States Trade Representative (USTR) and the Special 301 provisions as a powerful tool in the US’ bilateral strategy receives particular attention. The intellectual property laws of these states have been developed virtually in the span of a single generation, and the process of change is continuing. As such, this book will interest practitioners both in and outside of the region, and those with an interest in intellectual property law, comparative law, Middle East legal systems and affairs, and international trade.

Intellectual Property and Development

Intellectual Property and Development
Author: Rami M. Olwan
Publisher: Springer Science & Business Media
Total Pages: 404
Release: 2013-03-15
Genre: Law
ISBN: 3642279074

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The book examines the correlation between Intellectual Property Law – notably copyright – on the one hand and social and economic development on the other. The main focus of the initial overview is on historical, legal, economic and cultural aspects. Building on that, the work subsequently investigates how intellectual property systems have to be designed in order to foster social and economic growth in developing countries and puts forward theoretical and practical solutions that should be considered and implemented by policy makers, legal experts and the Word Intellectual Property Organization (WIPO).

Intellectual Property Rights

Intellectual Property Rights
Author: David Price
Publisher:
Total Pages: 0
Release: 2017
Genre: Copyright
ISBN: 9783959940108

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This volume includes a range of topics addressing aspects of the current status of intellectual property (IP) protection regimes in the Gulf Cooperation Council and its individual member states, and aspiring GCC members Jordan and Yemen. It examines the opportunities and challenges facing the GCC in becoming a real union with common, or at least harmonized, IP laws and regulations, while still allowing flexibility for domestic imperatives and interests. IP is a crucial part of commercial and trade activity which the GCC needs to address as a union to maximize outcomes and benefits for the GCC members collectively and individually. Contributions represent a broad-based and truly international interest in Gulf IP, with authors from Australia, Bahrain, China, Egypt, Indonesia, Jordan, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. The volume provides a catalyst for further deliberation and debate on these above issues and other Gulf-related IP issues, as well as a worthy contribution to the expansion of Gulf studies in the broader context.

The Oxford Handbook of Intellectual Property Law

The Oxford Handbook of Intellectual Property Law
Author: Rochelle C. Dreyfuss
Publisher: Oxford University Press
Total Pages: 1025
Release: 2018-04-12
Genre: Law
ISBN: 0191076090

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We live in an age in which expressive, informational, and technological subject matter are becoming increasingly important. Intellectual property is the primary means by which the law seeks to regulate such subject matter. It aims to promote innovation and creativity, and in doing so to support solutions to global environmental and health problems, as well as freedom of expression and democracy. It also seeks to stimulate economic growth and competition, accounting for its centrality to EU Internal Market and international trade and development policies. Additionally, it is of enormous and increasing importance to business. As a result there is a substantial and ever-growing interest in intellectual property law across all spheres of industry and social policy, including an interest in its legal principles, its social and normative foundations, and its place and operation in the political economy. This handbook written by leading academics and practitioners from the field of intellectual property law, and suitable for both a specialist legal readership and an intelligent but non-specialist legal and non-legal readership, provides a comprehensive account of the following areas: - The foundations of IP law, including its emergence and development in different jurisdictions and regions; - The substantive rules and principles of IP; and - Important issues arising from the existence and operation of IP in the political economy.