Read e-book online Access to Knowledge: A Guide for Everyone PDF

By Frederick Noronha, Jeremy Malcolm

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The current intellectual property rights regime is suboptimal to ensure global food security today. It is unfit to promote the kind of innovation we need to cope with climate change”, said De Schutter, who underlined the importance of seed policies which “respect, protect and fulfill” the right to food of the most vulnerable groups. This was the first time a UN independent expert analyses the intellectual property regime under the right to food framework, part of international human rights law.

The test now being used by US trademark examiners looks to whether the invention is tied to a particular machine or apparatus, or transforms a particular article into a different state or thing. Many if not most software inventions that could be patented before, can probably still be patented under this test. The European Patent Convention, a pre-EU instrument dating from 1974, actually expressly excludes “computer programs . . as such” from the classes of patentable subject matter, on the ground that patents are directed towards technical inventions, not commercial methods.

Cit. (as in n. 1), p. 6. 3 Kanniah, Rajeswari, CI Study on Copyright and Access to Knowledge. Asia Pacific Con- sumer, 43 & 44 2006, Nr. 1 & 2, op. cit. (as in n. 15), p. 14. 31 2. 2 Copyright flexibilities Exceptions to copyright are particular classes of work which are ineligible for copyright protection, and limitations to copyright are particular uses to which works may be put without infringing the exclusive rights of the copyright owner. Together, exceptions and limitations are referred to as flexibilities.

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