The trend with intellectual property ownership internationally - What are Mining, Industrial companies point of view? Legal Firms opinions?

THE TRADE OF INTELLECTUAL PROPERTY OWNERSHIP INTERNATIONALLY - what are the Mining , Industrial Companies point of view ? Legal Firms Opinions

Intellectual property of recent has brought problems in the world especially in the mining industry

In recent years owing to factors such as underdevelopment in mining areas , government policies and increase labour cost has brought mining companies to situations that are complicated

You will find that in the mining areas , problems have started emerging between the companies mining and the indigenous people . Most companies want to strengthen and protect their intellectual property

. For strengthening intellectual properties at this time where indigenous companies want also to exploit the resources in their country , they may be tempted to copy right the intellectual property of the international companies . This has been seen in Nigeria where oil companies are in a constant fight with the indigenous people

Although strengthening intellectual property is extremely very important for companies in mining industry , they should also be able to address the effect of monopoly to allow competition

From the lawyer 's point of view , when intellectual property rights are infringed and the company is in a different country which is not the home country it becomes very difficult for a lawyer to know where to a complaint . The International Association of Intellectual Property Rights has come up with Anti-trust law to protect intellectual property anywhere in the world . The unfortunate will happen when a country 's political wing uses local companies to infringe the rights of multi-nationals . The local companies may have nothing to loose whether taken to international court or a local court . Am saying so because , if they are taken into the local courts , they will be protected by the politicians who assisted them to infringe the rights of the multinationals

In for the lawyer to succeed strengthening of the law , protecting intellectual property must be put in place . This will include the signing of Anti-trust law by all countries , the removal of monopolies in mining areas , providing incentives for researchers in countries affected , developing the mining areas , providing procedures for companies going international , giving necessary funds to local companies that will want to exploit their resources . Also we should establish strong patent courts that will address issues like the area of jurisdiction , how information is corrected , solving and providing compensation for the local communities . The Anti-trust law that protects international companies that are operating in countries other than their home country should not be used to suppress the developing world . The law should be clear where will the lawyer go to if a country in question is under sanctions from the United Nations . Otherwise , the Anti-trust law may be applicable in some areas and not applicable in other areas

REFERENCES

Eugene Keith , Intellectual Property Rights in the Global Economy Peterson Institute ,2000

James Fawcett , Paul Torremans , Intellectual Property and Private International Law , Oxford University Press , 1998

L Bosworth Derek , E Webster , The Management of Intellectual Property Edward Elgar Pub , 2006

James Fawcett , Paul...