Search results for "property right"
showing 10 items of 42 documents
Glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 8 maja 2018 r., II OSK 1357/17 – aprobująca
2019
The judgment of the Supreme Administrative Court of 8 May 2018 concerns the issue of relations of property rights to public interest, in connection with the resolution of the commune council, regarding the creation of a culture park. The resolution introduces a specific public-law regime in a given area, taking into account the general needs, which simultaneously causes interference in the sphere of subjective rights, in particular through a system of prohibitions and restrictions. The judgment is based on the conviction that there is a need in the public space to protect cultural values. In the aspect of the constitutional principle of proportionality, it is also important to consider the …
The role of Intellectual Property Rights in the value capturing of crowdsourcing for innovation contests
2017
In this study, we investigate the role of IPR arrangements in crowdsourcing for innovation challenges. Integrating Property Rights Theory and the open innovation literature, we propose that specific challenge attributes affect the seekers organizations’ choice between alternative IPR arrangements and how this choice, in turn, affects the self-selection of external solvers into solving the challenge. We collected multi-source, interview data with open innovation directors and we built a unique data set of 729 awarded challenges broadcasted on InnoCentive platform from 2010 to 2016. Our findings contribute to the emerging literature on open innovation and crowdsourcing literature by bringing …
LAND AND PROPERTY RIGHTS WITHIN THE URBANISM LAW
2017
The study intends to highlight the functions of property rights in relation to the characteristics of urbanism law. The analyse aims to identify the role of public authorities in the production process of planning public policies, under current regulations in force in Romania. Moreover, while the legislation led to confer a social function of property rights, this conception of property rights comes up against the revival of private property, which is likely to complicate the implementation of public planning policies. The social function of the property law, however, could reach its limits in the coming years. Indeed, the jurisprudence appears to give a boost to the individualistic dimensi…
Digital Restitution of Cultural Goods: In Search of a Working Model
2023
AbstractThe paper deals with the problem of digital restitution of art to post-colonial and postdependency countries. A new model of digital restitution composed of two elements: creation of a digital copy with a NFT attached and creation of new property right in a physical and digital object has been proposed. A system of balances between the rights and duties based on the prior user concept has been developed.
Les incitations à l'innovation dans le secteur privé
2011
En ligne sur http://www.cairn.info/load_pdf.php?ID_ARTICLE=REL_792_0045; International audience; L'innovation est devenue un facteur clé de la croissance économique. La question des incitations à l'innovation au sein des entreprises est donc primordiale. Dans ce papier, nous nous intéressons au type d'incitations monétaires reçues par les inventeurs au sein des entreprises avec une attention particulière à la mobilité inter-entreprise de ces derniers. Les résultats montrent un rendement salarial positif pour les inventeurs, celui-ci est plus important pour les inventeurs ayant connu une mobilité inter-entreprise, ce qui pourrait suggérer que les entreprises sont prêtes à payer les connaissa…
The Exclusion of Women from Inheritance Rights: An Unresolved Issue?
2021
In Italy, the women's exclusion from the inheritance is the principle that structures the property system of the families in medieval and early modern age and the social and juridical organization of these centuries, until the XIX century. Despite its importance, the exclusion of the women has never been an autonomous historiographical issue, but it has been ignored to advantage of analysis centered on the dowry system: emphasis has been placed mainly on the property rights of the women instead of observing the marginalization of the female part of lineages respect to the family wealths. The essay addresses two issues: the way in which statutory and state laws rule women’s exclusion from in…
Standard, estandarización y aplicación del artículo 102 TFUE a los conflictos sobre licencias relativas a derechos de propietad intelectual
2014
The standardization, de jure as well as de facto, gives rise to critical issues also in the field of antitrust law. Especially in recent years, the European case law and that of some member states have in particular dealt with the violation of the so-called FRAND commitments, which are undertaken by the holders of those patents that become essential for the implementation of the selected standard (Standard Essential Patents - SEPs). The EU Commission and the Courts have then several times applied the provisions on abuse of a dominant position to the attempt of the SEPs holders to prevent access to these patents by subjects that need them to operate in the downstream markets. The essay trace…
How the strategic objectives pursued in inter-firm relationships influence the choice of the governance form: an empirical study in two high-tech Ita…
2012
In today’s competitive landscape, the choice of the appropriate mode to governance an inter-firm relationship is an important factor for companies. In literature several theoretical strands have examined the impact of the alliance purpose on the governance forms. Building on a robust literature review on the topic, this study focuses on a specific issue influencing the choice of the governance form in inter-firm relationships, i.e. the alliances’ purpose with relation to partner’s resources. We gather in a unique framework three typologies of partner’s resources, i.e. production, R&D and marketing, and through two empirical analyses in two different Italian industries, machine tool and phar…
Financial, organisational and informative involvement of the society in social innovation processes in Latvia
2018
International audience; Social innovation brings to inclusion and wellbeing, improving the quality of life and socioeconomic performance and enhancing the society's collective power and resources. Therefore, it is of utmost importance to promote social innovation processes in any society, providing research for getting the understanding of different aspects of it, including the main actors and the extent to which they are involved in social innovation. The research presented in this paper reveals the main stakeholders of social innovation and analyses the methodology elaborated by the authors for determining the involvement of the society in social innovation processes at financial, organis…
French firms’ strategies for protecting their intellectual property
2012
In attempting to protect their innovations, firms can choose from a range of mechanisms, which may be either non-statutory (trade secrets, design complexity, and lead-time advantage over competitors) or statutory (patent, design registration, trademark, copyright). Yet, little is known about how firms do actually make their choices from among these different appropriability mechanisms. The aim of this paper is to determine how French firms’ use of intellectual property protection mechanisms relates to the type of innovation, the characteristics of the market sector in which they operate, the firms’ characteristics, and their human resources strategies. Our empirical model draws on four Fren…