The application of IPRs and the impact on BRIC countries

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Posted on : 20-01-2010 | By : sannok | In : Piracy Report Articles

The TRIPS Agreement came into force in 1995, the BRIC countries carried out major reforms in their intellectual property systems. A relatively new definition of analysis of industrial components of the economy is "Creative Industries", in which creativity is a receipt issued intellectual property. In general, the mapping agreed that Creative actually "economically relevant" and legitimately comparable to the positive image of the otherSectors with regard to their contribution to income, employment and trade.

Concept of intellectual property rights in the BRIC —
Brazil has adopted its first law on intellectual property in 1887. Brazil meets international standards of protection of intellectual property. Brazil is a signatory to various conventions, treaties and agreements that are the basis of internationally recognized standards for the protection of intellectual property, defining, among other things, the Treaty on Patent Cooperation Treaty (PCT). Brazil is also a member ofAgreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The New Industrial Property Law, which came into force in May 1996. This law introduced in Brazil and patents on the brand at par with international standards on TRIPS. The property in Brazil, including the copyright, the right software and secondary laws.

In Russia, the concept of intellectual property such as patents over time most of the former Soviet Union has been understood. The patentee andas all innovations has always been the rule. The concept of intellectual property has changed dramatically in Russia and now we see that the intellectual property, patents, trademarks, utility methods, design, domain names and copyrights. After 10 years of independence from Russia, started the country will come into line with international standards for the protection of intellectual property. Even today, much remains to be done to bring Russia on the international level.

India IntellectualProperty laws to keep pace with technological and intellectual property laws of other countries. India has different positions in relation to intellectual property rights before a member of the TRIPS Agreement and the signing of the TRIPS Agreement. Patents, copyrights, trademarks and designs are only existed as a branch of intellectual property before the TRIPS Agreement. Today, however, Patents (Amendment) Act 2005 Trade Marks Act 1999 Copyright Act 1999, Designs Act 2000, trade secrets, layout designs2000 integrated circuits, geographical indications and the range of 1999 intellectual property rights associated with the plant was conducted in 2001 in India. India has acceded to the TRIPS Agreement, signed in 1995, built the Paris Convention in 1998, the Budapest Treaty in 2001, the Universal Copyright Convention (UCC) in 1952, the Washington Convention circuit in 1989, and the Convention on Biological Diversity (CBD) in 1994. India is a signatory to the Berne Convention and the Indian government has approved the Madrid Protocol.

China has had a history25 years in the presentation of the protection of intellectual property rights. Intellectual property rights in China, the legal framework began in 1980, but in that short time, China has made impressive progress for the protection and enforcement of intellectual property. China became a member of WIPO in June 1980. Patent law of the People's Republic of China (PRC) was adopted in 1984 In 1993, the Law of the PRC against Unfair Competition has been proclaimed, and the copyright was executed in 1990

Enforcement of Intellectual Property

TheOrigin and history of intellectual property rights in the BRIC countries, as explained above, under the protection and enforcement of Intellectual Property Rights in the BRIC countries has also been introduced earlier and the race is clearly far from over.

Despite the different histories, the BRIC countries will be treated almost as the richest nations. Copyright and trademark piracy has always been chosen as the theme for the assessment of the future of intellectuals BRICRegime. However, in other areas of intellectual property protection and more important for most industries and play a crucial role in the economic development of the sector and the nation. In particular, the impact of patents on innovation and economic performance is so complex that a well-organized system of patents is essential to maximize the business benefits of a country and its economy.

Despite past differences, the BRIC countries in general are on the same page todayIf you plan for the protection of pharmaceutical products. The new law in Brazil is consistent with the TRIPS, at least for the topic. Brazil has established a formal system for approval of generics. According to the patent rights associated with privately owned Russia Today, Russia is currently for the protection of pharmaceutical patents. The earlier Indian Patent Act (1970) to recognize patents for pharmaceutical products "process" but not "products" heldPharmaceutical companies to produce cheap copies of drugs patented by foreign companies with alternative production methods. Introduction of product patents in India for 2005 announced the innovation and the rapid development of the national pharmaceutical sector and the delivery of new medicines. The Mashelkar Committee has been revised report was submitted in March 2009 that every effort is made to be the provision of affordable medicines for people in India. The report also goesdo not comply with travel and the granting of patents for pharmaceutical substances NCE (new chemical entities only) and includes an entire category of inventions, is the progressive pharmaceutical inventions. One of the conclusions of this report, incremental innovation, with new forms, how, etc., must be supported with the safety and effectiveness standards greatly improved.

Social Environment of China for the protection of intellectual property is complex.The local production of generics and copy products dominate the Chinese market the drug. It is estimated that 97 percent of drugs that are produced by local firms generic or fake in China.

The components of all the laws of the compulsory license is in use by BRIC government in times of national emergency. Commercial work is mandatory for a patent in India, Brazil and Russia. The lack of production of a patented product at the local level can cause the imposition ofLicense. According to the Patent Act of imports from India is not an exploitation of a patent. Perhaps the most important use of compulsory licensing by the BRIC countries do not supply the domestic market but export drugs to countries in developing or least developed countries, which signed a license. As explained earlier, India, China and Brazil each have a large part of the pharmaceutical industry and generic drugs, and produce allare members of the trip. Natco was a call for compulsory licenses for export of generic anti-cancer drug Sunitinib and Erlotinib in India, Nepal patented under Section 92A of the Indian patent law. However, Natco later, the head of the patent sought to withdraw their applications for compulsory licenses.

Despite the similarities in the provisions on compulsory licensing, there is a significant difference in how this flexibility has been traditionally usedBRIC. The differences on a plan of development of intellectual property are used, and provide a benchmark for future assessments. More importantly, it is possible that a path is the paradigm of the other BRIC seek a balance between rights and access.

Economic importance of intellectual property rights in the BRIC countries

With the BRIC strengthen its intellectual property rights in the last ten years there has been a real increase in imports has risen and the actual populationFDI (Foreign Direct Investment). The authorities of the BRIC countries have published guidelines, stricter intellectual property, due to the recognition that the activities of counterfeiting at a high price in lost revenue and create jobs, to impose a negative impact on technology transfer and the national system of innovation.

Between 2000 and 2005, the BRIC countries' share was 28 per cent of global growth in dollars and 55 percent for the same purchasing power. Intra-BRICE 'was also reported to accelerate to 8 percent from 5 percent in 2000. Technology transfer from the BRIC countries through trade and foreign direct investment were an important factor in the development of technological capabilities. There have been many signs of the development of trade relations, including the brutal acceleration of Brazil trade relations with China, the commitments of China's investment in Brazil and the exponential growth of trade between China and India.

Intellectual property rights alone do not determine the success of the technology or even increaseAccess to technology, other factors that influence innovation and the diffusion of specific technologies, such as the quality of institutions of knowledge, the financial world, the availability of skilled human capital, networks and collaborative research and interaction of factors that are important BRIC easy technological success.

Software patents are a single field of patentability

This is an intense debate about the extent, must be provided in software patents.Individual countries and regional offices have different standards for the granting of software patents. Section 3 (k) of the Patents Act in India prohibits the granting of the patent, an invention that solves the software itself. Patents in India has submitted the draft Manual of Indian Patent 2008 in accordance with Article 4.11.6 of the draft manual Indian patent of 2008, the process of settling claims should clearly define the steps to implement the invention . They have a technical character. In other words,must solve a technical problem. Right to a process of "/" must be a method or material limitation of the machine included. Technical application software claimed as a process or method claim, you must be defined in relation to certain material components. Brazil offers special protection for software under copyright law and software, which entered into force June 19, 1998 and February 1998. A decision by the U.S. federal judge dismissed the business practicesPatents that have a direct influence on the current debate on reform of patent law in India Guide. It is of the opinion that business method patents are seven times more likely to be challenged in relation to another patent.

Brazil, may lead to copyright infringement of software will be prosecuted. According to the Berne Convention, computer software is protected by copyright treated as a kind of literary work, the rule of law in China. The software is still prohibited from patentabilityRussia.

Conclusion
The BRIC countries have found their own ways of keeping at least a portion of their legal sovereignty in matters of intellectual property. Although the BRIC countries have increased more rapidly than expected, but it is unsatisfactory as the BRIC economies are concerned. The current success is, of course, no guarantee of future results. Further progress is needed to continue the best possible outcomes for a longer period.

Website Security Tests Protect Against Application Vulnerabilities

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Posted on : 17-09-2009 | By : sannok | In : Piracy Report Articles

More than four in five (85 percent) U.S. businesses have experienced a data transfer rate of injury, according to a recent study by Colchester, Conn.-based Law Firm Scott + Scott, by millions of consumers' Social Security numbers and other sensitive information into the hands of criminals .

If a Web site servers and applications that are not protected from security vulnerabilities, identities, credit card information, and billions of dollars at risk. Unfortunately, firewalls do not offersufficient protection.

Firewalls, IDS, IPS are not enough

Attackers us are aware of the valuable information available through Web applications, and their attempts to obtain, they are often unwittingly supported a number of important factors. Conscientious Organizations carefully before their scopes with intrusion detection systems and firewalls, but they need to keep the firewalls and open ports 80 to 443 (SSL) to run online business. These ports are open doors for attackers whohave figured out thousands of ways to penetrate Web applications.

Network firewalls are designed to secure the internal network perimeter, leaving organizations vulnerable to various application attacks. Intrusion Prevention and Detection Systems (ids/ips) do not provide thorough analysis of packet contents. Applications without an added layer of protection increase the risk of harmful attacks and extreme vulnerabilities.

Extreme Vulnerabilities

In the past, security breaches joined the network layer of corporate systems. Today, hackers are manipulating Web applications inside the corporate firewall. This entry allows them to access sensitive corporate and customer data. Not protect the standard security to protect network traffic against attacks on web application.

OWASP Top 10 Web Application Security Vulnerabilities 2007

Open Web Application Security Project (OWASP), an organization that focuses on improving security inof application software, you have a list of the Top 10 Web application vulnerabilities.

1. Cross-site scripting (XSS)
2. Injection Flaws
3. Malicious File Execution
4. Insecure Direct Object Reference
5. Cross Site Request Forgery (CSRF)
6. Information Leakage and improper error handling
7. Broken Authentication and Session Management
8. Insecure Cryptographic Storage
9. Insecure Communications
10. The failure of the URLAccess

Web Application Security Consortium Most Common Vulnerabilities Report

The Web Application Security Consortium (WASC) reported on the first five web application vulnerability testing through 31,373 pages.

According to the Gartner Group, "97% of the over 300 sites were examined vulnerabilities found on the Web Application Attack" and "75% of cyber attacks are now at the application level."

Web Application Vulnerability Assessment

From the informationIt is clear that attacking the majority of e-commerce sites are wide open to an easy prey when targeted. Burglars only need to exploit a single vulnerability.

A web application scanner which applications and servers protected from hackers, has an automatic Internet security service that searches for software vulnerabilities in Web applications.

A Web application scanning to crawl the entire site, analyze each and every incoming file, and shows the entire structure of the site.The scanner has run an automatic check for common security holes in networks that are available during a series of simulated web attacks. Web Security Seal and free trial version available.

A web application vulnerability assessment should be continuous dynamic tests combined with simulation web-application running attacks during the scanning process.

The web application scanner needs to be a constantly updated database service. A site safety test should determine the safetyVulnerabilities and recommend the best possible coordinated solutions.

The vulnerability assessment is to provide a summary report for the management and a detailed report on the technical teams with the severity of each vulnerability.

It is recommended that the detailed report, a detailed technical description of the various weaknesses and make appropriate recommendations. The website security test will conduct subsequent vulnerability scans andGenerate trend analysis indicates that the customer can compare to the tests and progress.