Disclosure rules and declared essential patents Bekkers, Rudi; Catalini, Christian; Martinelli, Arianna ...
Research policy,
January 2023, 2023-01-00, Letnik:
52, Številka:
1
Journal Article
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Many standard setting organizations (SSOs) require participants to disclose patents that might be infringed by implementing a proposed standard, and commit to license their “essential” patents on ...terms that are fair, reasonable and non-discriminatory (FRAND). Data from SSO intellectual property disclosures have been used in academic studies to provide a window into the standard setting process, and in legal proceedings to assess the relative contribution of different parties to a standard. We describe the disclosure process, discuss the link between SSO rules and patent-holder incentives, and analyze disclosure practices using a novel dataset constructed from the disclosure archives of thirteen major SSOs. Our empirical results suggest that subtle differences in SSO policies influence which patents are disclosed, the terms of licensing commitments, and ultimately long-run citation and litigation rates for the underlying patents. Thus, while policy debates sometimes characterize SSOs as a relatively homogeneous set of institutions, our results point in the opposite direction – towards the importance of recognizing heterogeneity in SSO policies and practices.
•Standard Setting Organizations (SSOs) have different policies for search, disclosure and licensing of essential patents.•SSO policies influence what patents are disclosed, licensing terms, and long-term citation and litigation rates.•Upstream suppliers are less likely than downstream manufacturers to offer royalty free licensing commitments.•ETSI’s policy of mandatory specific disclosure is associated with a negative “disclosure effect” on patent citations.•Our results highlight the importance of recognizing heterogeneity in SSO policies and practices.
This study has investigated the physical properties of 3D-printable shape memory thermoplastic polyurethane (SMTPU) filament and its 3D-printed sinusoidal pattern obtained by fused deposition ...modeling (FDM) technology. To investigate 3D filaments, thermoplastic polyurethane (TPU) and SMTPU filament were examined by conducting infrared spectroscopy, x-ray diffraction (XRD), dynamic mechanical thermal analysis (DMTA), differential scanning calorimetry (DSC) and a tensile test. Then, to examine the 3D-printed sinusoidal samples, a sinusoidal pattern was developed and 3D-printed. Those samples went through a three-step heating process: (a) untreated state; (b) 5 min heating at 70°C, cooling for 30 min at room temperature; and (c) a repeat of step 2. The results obtained by the three different heating processes of the 3D-printed sinusoidal samples were examined by XRD, DMTA, DSC and the tensile test to obtain the effect of heating or annealing on the structural and mechanical properties. The results show significant changes in structure, crystallinity and thermal and mechanical properties of SMTPU 3D-printed samples due to the heating steps. XRD showed the increase in crystallinity with heating. In DMTA, storage modulus, loss modulus and the tan σ peak position also changed for various heating steps. The DSC result showed that the Tg for different steps of the SMTPU 3D-printed sample remained almost the same at around 51°C. The tensile property of the TPU 3D-printed sinusoidal sample decreased in terms of both load and elongation with increased heating processes, while for the SMTPU 3D-printed sinusoidal sample, the load decreased but elongation increased about 2.5 times.
The article tries to advance our understanding of institutional economics by critically examining the currently dominant discourse on institutions and economic development. First, I argue that the ...discourse suffers from a number of theoretical problems – its neglect of the causality running from development to institutions, its inability to see the impossibility of a free market, and its belief that the freest market and the strongest protection of private property rights are best for economic development. Second, I point out that the supposed evidence showing the superiority of ‘liberalized’ institutions relies too much on cross-section econometric studies, which suffer from defective concepts, flawed measurements and heterogeneous samples. Finally, I argue that the currently dominant discourse on institutions and development has a poor understanding of changes in institutions themselves, which often makes it take unduly optimistic or pessimistic positions about the feasibility of institutional reform.
Since the first Trademark Law was enacted in China in 1982, the Chinese intellectual property rights (IPR) system has undergone significant changes in both the design of the legislation and its ...enforcement. In this article, we analyze the evolution of IPR legislation and enforcement in China. To this end, we illustrate the evolutionary changes of the Chinese IPR system and analyze the changes introduced in four revisions (1992–1993, 2000–2001, 2008–2013, and 2019–2020). Our analysis shows that Patent Law, Trademark Law, and Copyright Law have been substantially enhanced, especially since 2000, when China improved its IPR system to comply with the TRIPS Agreement and join the WTO, and especially the most recent amendments of these three IP Laws. We discuss the number of IPR infringement cases handled by both relevant administrative authorities and courts to analyze IPR enforcement in China. Results indicate that the development of IPR protection enforcement followed the improvement of relevant IPR laws. The two revisions introduced after 2008, changes in the Chinese IPR system, and an increasing number of IPR infringement cases handled by relevant authorities also suggest the willingness of the Chinese government to further enhance its IPR protection. 自 1982 年中国颁布第一部商标法以来，中国的知识产权体系在立法和执法方面都发生了重大变化。在本文中，我们分析了中国知识产权立法和执法的演变。为此，我们介绍了中国知识产权体系的演进变化，并分析了四个修订版（1992-1993、2000-2001、2008-2013和2019-2020）中引入的变化。我们的分析表明，特别是自 2000 年中国完善知识产权体系以遵守 TRIPS 协议并加入 WTO 以来，专利法、商标法和著作权法对于知识产权的保护力度均得到了实质性增强，尤其是最近对这三部知识产权法的修订。我们讨论了相关行政部门和法院处理的知识产权侵权案件数量，以分析中国的知识产权执法情况。结果表明，知识产权保护执法的发展伴随着相关知识产权法律的完善。 2008年之后的两次修订、中国知识产权体系的变化以及有关部门处理的知识产权侵权案件数量的增加，也表明了中国政府进一步加强知识产权保护的意愿。
Different potentially biobased copolyesters with specific macromolecular architectures are successfully synthesized from renewables diols and diacids, and characterized. The first part focuses on the ...study of the esterification kinetic of two equimolar systems, 1,4-butanediol (1,4-BDO)/adipic acid (AA) and 2,3-butanediol (2,3-BDO)/AA, with and without titanium isopropoxide (TTIP) as catalyst. The influence of the type of diol (primary vs. secondary hydroxyl groups) and the temperature is also investigated. The esterification rate with 2,3-BDO is slower than with 1,4-BDO leading to higher activation energy. In the second part, poly(1,4-butylene adipate) (PBA) and poly(2,3-butylene adipate) (PB’A) aliphatic polyesters and the corresponding copolyester poly(1,4-butylene adipate-co-2,3-butylene adipate) (PBB’A) are synthesized by transesterification in bulk using TTIP. According to our knowledge, the synthesis of PBB’A is reported here for the first time. All synthesized copolymers are characterized by NMR, SEC, FTIR, WAXS, MALDI-TOF, DSC, TGA and specific optical rotation. PBA with a mass-average molar mass around 60,000 g/mol is obtained, whereas molar mass of PB’A and PBB’A are significantly lower. The 2,3-BDO molar content in copolyesters is lower than the initial molar feed content. A linear evolution is observed between 2,3-BDO content and specific optical rotation of the polyesters allowing to use this relation as an additional method to determine PBB’A composition. PBA shows a semi-crystalline behavior, whereas PB’A is amorphous. An increase of the 2,3-BDO content in the copolyester raises the glass transition temperature and reduces the crystallinity. All polyesters exhibit a good thermal stability, exceeding 280 °C, with a maximum rate of degradation around 380 °C.
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•Synthesis of a copolyester based on 2,3-butanediol with tunable properties.•Esterification kinetic study between 1,4-butanediol and 2,3-butanediol with adipic acid.•Lower molar mass obtained for copolyesters containing 2,3-butanediol.•Optical active polymers with excellent thermal stability until 250 °C.•From semi-crystalline to fully amorphous copolyesters for increasing 2,3-BDO contents.
A searching account of nineteenth-century salvage anthropology, an effort to preserve the culture of "vanishing" Indigenous peoples through dispossession of the very communities it was meant to ...protect. In the late nineteenth century, anthropologists, linguists, archaeologists, and other chroniclers began amassing Indigenous cultural objects—crafts, clothing, images, song recordings—by the millions. Convinced that Indigenous peoples were doomed to disappear, collectors donated these objects to museums and universities that would preserve and exhibit them. Samuel Redman dives into the archive to understand what the collectors deemed the tradition of the "vanishing Indian" and what we can learn from the complex legacy of salvage anthropology.The salvage catalog betrays a vision of Native cultures clouded by racist assumptions—a vision that had lasting consequences. The collecting practice became an engine of the American museum and significantly shaped public education and preservation, as well as popular ideas about Indigenous cultures. Prophets and Ghosts teases out the moral challenges inherent in the salvage project. Preservationists successfully maintained an important human inheritance, sometimes through collaboration with Indigenous people, but collectors' methods also included outright theft. The resulting portrait of Indigenous culture reinforced the public's confidence in the hierarchies of superiority and inferiority invented by "scientific" racism.Today the same salvaged objects are sources of invaluable knowledge for researchers and museum visitors. But the question of what should be done with such collections is nonetheless urgent. Redman interviews Indigenous artists and curators, who offer fresh perspectives on the history and impact of cultural salvage, pointing to new ideas on how we might contend with a challenging inheritance.
According to national legend, Havana, Cuba, was founded under the shade of a ceiba tree whose branches sheltered the island's first Catholic mass and meeting of the town council (cabildo) in 1519. ...The founding site was first memorialized in 1754 by the erection of a baroque monument in Havana's central Plaza de Armas, which was reconfigured in 1828 by the addition of a neoclassical work, El Templete. Viewing the transformation of the Plaza de Armas from the new perspective of heritage studies, this book investigates how late colonial Cuban society narrated Havana's founding to valorize Spanish imperial power and used the monuments to underpin a local sense of place and cultural authenticity, civic achievement, and social order.Paul Niell analyzes how Cubans produced heritage at the site of the symbolic ceiba tree by endowing the collective urban space of the plaza with a cultural authority that used the past to validate various place identities in the present. Niell's close examination of the extant forms of the 1754 and 1828 civic monuments, which include academic history paintings, neoclassical architecture, and idealized sculpture in tandem with period documents and printed texts, reveals a "dissonance of heritage"—in other words, a lack of agreement as to the works' significance and use. He considers the implications of this dissonance with respect to a wide array of interests in late colonial Havana, showing how heritage as a dominant cultural discourse was used to manage and even disinherit certain sectors of the colonial population.
The mechanical and barrier properties of plant-based enteric polymer films were enhanced by synergistic interactions between binary gum mixtures and adding plasticizers. The results indicated that ...the best ratio of gellan gum (GG) and xanthan gum (XG) was 7:3 by comparing tensile strength, tensile elongation, transmittance, and water vapor permeability of plant-based enteric polymer films and rheological properties of solutions. Polyethylene glycol 400 (PEG-400) was an effective plasticizer in improving plasticity and water vapor barrier property of the plant-based enteric polymer film. Rheology measurement and different characterization methods, including Fourier transform infrared spectroscopy, thermogravimetric analysis, differential scanning calorimetry, X-ray diffraction, and scanning electron microscopy, were used to explain interactions between GG and XG as well as PEG-400 and components of the film. The new mixed system, composed of GG/XG mixture with ratio of 7:3 as a novel gelling agent and PEG-400 as a plasticizer, was applied to prepare plant-based enteric hard capsules, which have potential applications in medicines and functional food preparations.
This book examines the harmonisation of Intellectual Property (IP) policy, law and administration in Africa.
Two recent developments have brought this topic to the fore. The first is the escalation ...of long-standing efforts to establish a Pan-African Intellectual Property Organisation (PAIPO), a continental initiative. The second is the current sub-regional attempt to operationalise the IP provisions of the Southern African Development Community (SADC)'s Protocol on Trade (articles 9b and 24) and its Protocol on Science, Technology and Innovation (article 2m).
Intellectual Property Policy, Law and Administration in Africa discusses the viability of such initiatives with particular reference to the current socio-economic status of Africa's nations. With a view to contributing to future developments in Africa at both a continental and sub-regional level, the author considers this issue through the lens of advancing the public interest in IP. Ncube argues that harmonisation initiatives ought to be crafted in a way that is supportive of the development aspirations of African states. Consequently, she urges due consideration of individual states' unique conditions and aspirations in any harmonisation venture, a necessity outlined in article 7 of the Agreement on Trade Related Aspects of Intellectual Property Rights.
This book will be of great relevance to scholars and policy makers with an interest in IP law and African law in general.
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