'Intellectual property' - patents and copyrights - have become controversial. We witness teenagers being sued for 'pirating' music - and we observe AIDS patients in Africa dying due to lack of ...ability to pay for drugs that are high priced to satisfy patent holders. Are patents and copyrights essential to thriving creation and innovation - do we need them so that we all may enjoy fine music and good health? Across time and space the resounding answer is: No. So-called intellectual property is in fact an 'intellectual monopoly' that hinders rather than helps the competitive free market regime that has delivered wealth and innovation to our doorsteps. This book has broad coverage of both copyrights and patents and is designed for a general audience, focusing on simple examples. The authors conclude that the only sensible policy to follow is to eliminate the patents and copyright systems as they currently exist.
The relevance of intellectual property (IP) law has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have ...all contributed to a new prominence of IP law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, information, in an unprecedented manner. The growing importance of IP law has led to an exponential growth of academic research in this area. This Book offers a comprehensive overview of the methods and approaches that can be used to address and develop scholarly research questions related to IP law. In particular, this Book aims to provide a useful resource that can be used by IP scholars who are interested in expanding their expertise in a specific research method or seek to acquire an understanding of alternative lenses that could be applied to their research. Even though this Book does not claim to include all existing research methodologies, it represents one of the largest and most diverse compilations, which has been carried out to date. In addition, the authors of this Book comprise an equally diverse group of scholars from different jurisdictions, backgrounds, and legal traditions. This diversity, both regarding the topics and the authors, is a fundamental feature of the Book, which seeks to assist IP scholars worldwide in their research journeys.
In The Global Regime for the Enforcement of Intellectual Property Rights, Xavier Seuba offers a comprehensive description of the international norms and bodies dealing with the enforcement of ...intellectual property rights. The book analyzes multilateral, plurilateral, and bilateral treaties, and their national implementation, along with civil, border, and criminal enforcement. The book also explores the interface between the enforcement of intellectual property rights and the norms regulating international trade, competition, and human rights, as well as the conceptual and systemic aspects of enforcement, while illustrating the importance of these rights with examples in litigation. The book should be read by anyone interested in how intellectual property rights are being enforced around the world, and how these efforts relate to other legal regimes.
The push towards research commercialisation at universities has highlighted the importance of intellectual property (IP) policies in fostering innovation and guiding and managing research ...commercialisation activities. This paper undertakes a content analysis of intellectual property policies of all (37) Australian public universities, focusing on policy objectives, definition of IP, ownership of IP created by different creators, and distribution of net commercialisation revenues. It is found that all universities assert ownership over staff-created IP, particularly when related to employment or utilisation of university resources. For students, policies tend to balance their rights with university interests, with nuanced approaches for different types of student participation, but the focus of most policies was on postgraduate students engaging in research activities. While some policies had clear arrangements for IP created by visitors and affiliates and Indigenous cultural and intellectual property (ICIP), about a quarter of policies did not specify arrangements for these groups. Revenue sharing arrangements vary but generally award something between a third to a half of net revenue to creators, to both acknowledge their contribution and incentivise further innovation. Policies included a broad spectrum of objectives, from protecting and commercialising IP to fostering innovation and societal benefit, reflecting varying strategies across the higher education sector. Policies could benefit from further clarity in certain areas such as the rights of students or other creator groups. Research is needed to assess the effectiveness of these policies and their influence on innovation and commercialisation activities.
This publication addresses the role of national systems of IP in the socio-economic development of emerging countries, notably through their impact on innovation. It presents a framework that ...identifies the key mechanisms that enable IP systems to support emerging countries innovation and development objectives. The report also discusses two IP country studies conducted for Colombia and Indonesia. These are based on analyses of the national intellectual property systems, drawing on country missions that gathered detailed information and feedback from more than 100 stakeholders on IP-related priorities and bottlenecks. Concrete policy recommendations are provided for both countries.
•The article presents three fundamental intellectual property (IP) protection strategies.•A defensive strategy avoids spillovers, while a collaborative strategy nurtures collaborations.•An impromptu ...strategy describes firms protecting their IP without a clear purpose.•Most firms in the investigated sample have an impromptu strategy.•We study the effect of the three strategies on outbound open innovation performance.
Adequate management of intellectual property (IP) is critical to sustaining competitive advantage and managing outbound open innovation (OI), which describes the inside-out flows of knowledge and technology. This article presents an IP strategic framework comprising the following strategies: a ‘defensive’ strategy, aimed at avoiding knowledge spillovers and building barriers to competition; a ‘collaborative’ strategy, aimed at collaborating with other organizations and entering new markets; and an ‘impromptu’ strategy, which describes firms protecting their IP without a clear purpose. We investigate the relationships of such IP strategies with outbound OI and innovation performance in 158 Italian firms. Most of them declared an impromptu IP strategy. We found that not having any IP protection strategy can be a barrier to outbound OI and that firms with a defensive IP strategy embraced outbound OI more than those declaring a collaborative IP strategy. Finally, firms with collaborative IP strategies outperformed those with defensive strategies.
With the launch of the World Trade Organization (WTO) in 1995, its Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) emerged as a symbol of coercion in international economic ...relations. In the decade that followed, intellectual property became one of the most contentious topics of global policy debate. This book is the first full-length study of the politics surrounding what developing countries did to implement TRIPS and why. Based on a review of the evidence from 1995 to 2007, this book emphasises that developing countries exhibited considerable variation in their approach to TRIPS implementation. In particular, developing countries took varying degrees of advantage of the legal safeguards and options-commonly known as TRIPS 'flexibilities'-that the Agreement provides. To explain this variation, this book argues that TRIPS implementation must be understood as a complex political game played out among developing country governments and a range of stakeholders-developed countries, non-governmental organisations (NGOs), intergovernmental organisations (IGOs), and industry groups. The contested nature of the TRIPS bargain spurred competing efforts to revise the terms of TRIPS and to influence global IP regulation more broadly. The intensity of the implementation game was amplified by an awareness among the various stakeholders that the IP reforms developing countries pursued would influence these ongoing international negotiations. The book attributes the variation in TRIPS implementation to the interplay between these global IP debates, international power pressures, and political dynamics within developing countries. The book includes historical analysis, compilations of evidence, and analysis supported by examples from across the developing world. The Implementation Game will be of interest both to scholars of international relations, law, and international political economy as well as to policymakers, commentators, and activists engaged in debates on the global governance of intellectual property. Available in OSO: http://www.oxfordscholarship.com/oso/public/content/politicalscience//toc.html
With the promotion of intellectual property strategy, the whole chain development of intellectual property environment faced by manufacturing firms has been improved, but the effect of the whole ...chain development of intellectual property on firm performance still needs to be studied. The purpose of this study is to investigate the impact of the whole chain development of intellectual property on different types of manufacturing firm performance. A panel regression model is constructed based on listed manufacturing firms from 2010 to 2020, and this is tested empirically. The results of the study show that the whole chain development of intellectual property has a promotion effect on manufacturing firm performance, among which the promotion effect of intellectual property services is the strongest, followed by intellectual property utilization and intellectual property creation, and the promotion effect of intellectual property management has a significant lag, while the relationship between intellectual property protection and manufacturing firms performance is significantly negative. The promotion effect of the whole chain development of intellectual property on different types of manufacturing firm performance is heterogeneous, and the promotion effect of the whole chain development of intellectual property on the performance of small-scale, non-state-owned, medium-high-technology manufacturing firms is stronger than that of large-scale, state-owned, low-technology manufacturing firms. This study not only extends the research direction of intellectual property, but also adds to the literature on firm performance. In addition, the findings of this paper help government authorities to further optimize the strategic layout of the whole chain development of intellectual property, promote manufacturing firms to solve internal management problems, and achieve a positive interaction between the top-level design of the intellectual property and the bottom-level logic of manufacturing firms.
PDF
