- Table View
- List View
Intellectual Property, 2019 Cumulative Supplement: Valuation, Exploitation, and Infringement Damages, 2019 Cumulative Supplement (Intellectual Property-general, Law, Accounting And Finance, Management, Licensing, Special Topics Ser.)
by Russell L. ParrUpdate yourself on the latest developments in intellectual property regulation and practices As the 2019 supplement to the Fifth Edition of Intellectual Property, Valuation, Exploitation, and Infringement Damages, this handbook covers changes made to laws and industry practices within the last year since the current edition's release. Like its parent volume, it is designed to simplify the process of attaching a dollar amount to intangible assets, be it for licensing, mergers and acquisitions, loan collateral, or investment purposes. The author explains commonly used strategies for determining the value of intellectual property, as well as methods used to set royalty rates based on investment rates of returns. The text also examines the business economics of strategies involving intellectual property licensing and joint ventures, providing practical tools for evaluating the investment aspects of such arrangements and discussing the legal, tax, and accounting practices and procedures related to them. In addition, analytical models are provided that can be used to determine reasonable royalty rates for licensing and for determining fair equity splits in joint venture arrangements. The author gives these models practical applications, critiquing commonly used royalty rate derivation techniques and presenting real world examples of exploitation strategies being used by major corporations. Understand the theory behind intellectual property law and industry practices Learn from practical real-world case studies Ensure compliance with any relevant regulations Get ahead of the competition by subscribing and being among the first to receive the supplement Written by the President of Intellectual Property Research Associates, this supplement is an excellent expansion of the foundation laid in Intellectual Property, Valuation, Exploitation, and Infringement Damages. It will prove a valuable investment for any professional whose field deals with intellectual property, its law, and its administration.
Intellectual Property and Development
by Carsten Fink Keith E. MaskusInternational policies toward protecting intellectual property rights have seen profound changes over the past two decades. Rules on how to protect patents, copyright, trademarks and other forms of intellectual property have become a standard component of international trade agreements. Most significantly, during the Uruguay Round of multilateral trade negotiations (1986-94), members of what is today the World Trade Organization (WTO) concluded the Agreement on Trade Related Intellectual Property Rights (TRIPS), which sets out minimum standards of protection that most of the world's economies have to respect. How will developing countries fare in this new international environment? Intellectual Property and Development brings together empirical research that assesses the effects of changing intellectual property regimes on various measures of economic and social performance - ranging from international trade, foreign investment and competition, to innovation and access to new technologies. The studies presented point to an important development dimension to the protection of intellectual property. But a one-size fits all approach to intellectual property is unlikely to work. There is need to adjust intellectual property norms to domestic needs, taking into account developing countries' capacity to innovate, technological needs, and institutional capabilities. In addition, governments need to consider a range of complementary policies to maximize the benefits and reduce the costs of reformed intellectual property regulations. This book will be of interest to students and scholars of international law, particularly in the area of intellectual property rights, international trade, and public policy.
Intellectual Property and Development
by Rami M. OlwanThe book examines the correlation between Intellectual Property Law - notably copyright - on the one hand and social and economic development on the other. The main focus of the initial overview is on historical, legal, economic and cultural aspects. Building on that, the work subsequently investigates how intellectual property systems have to be designed in order to foster social and economic growth in developing countries and puts forward theoretical and practical solutions that should be considered and implemented by policy makers, legal experts and the Word Intellectual Property Organization (WIPO).
Intellectual Property And Economic Development
by Robert M SherwoodSpeaking very roughly, countries with advanced economies tend to be those displaying intellectual property protection systems in which the public has a basic degree of confidence. Those systems, when they are thought about at all rather than taken for granted, are thought of as reasonably effective in safeguarding innovation and creative expression
Intellectual Property and Financing Strategies for Technology Startups
by Gerald B. Halt Jr. John C. Donch Amber R. Stiles Robert FesnakThis book offers a comprehensive, easy to understand guide for startup entities and developing companies, providing insight on the various sources of funding that are available, how these funding sources are useful at each stage of a company's development, and offers a comprehensive intellectual property strategy that parallels each stage of development. The IP strategies offered in this book take into consideration the goals that most startups and companies have at each stage of development, as well as the limitations that exist at each stage (i. e. , limited available resources earmarked for intellectual property asset development), and provides solutions that startups and companies can implement to maximize their return on intellectual property investments. This book also includes a number of descriptive examples, case studies and scenarios to illustrate the topics discussed, and is intended for use by startups and companies across all industries. Readers will garner an appreciation for the value that intellectual property rights provide to a startup entity or company and will gain an understanding of the types of intellectual property rights that are available to companies and how to procure, utilize and monetize those intellectual property rights to help their company grow.
Intellectual Property and Free Trade Agreements in the Asia-Pacific Region
by Christoph Antons Reto M. HiltyThis book is highly topical. The shift from the multilateral WTO negotiations to bilateral and regional Free Trade Agreements has been going on for some time, but it is bound to accelerate after the WTO Doha round of negotiations is now widely regarded as a failure. However, there is a particular regional angle to this topic as well. After concluding that further progress in the Doha round was unlikely, Pacific Rim nations recently have progressed with the negotiations of a greatly expanded Trans-Pacific Partnership Agreement that includes industrialised economies and developed countries such as the United States, Japan, Australia and New Zealand, recently emerged economies such as Singapore, but also several developing countries in Asia and Latin America such as Malaysia and Vietnam. US and EU led efforts to conclude FTAs with Asia-Pacific nations are also bound to accelerate again, after a temporary slowdown in the negotiations following the change of government in the United States and the expiry of the US President's fast-track negotiation authority. The book will provide an assessment of these dynamics in the world's fastest growing region. It will look at the IP chapters from a legal perspective, but also put the developments into a socio-economic and political context. Many agreements in fact are concluded because of this context rather than for purely economic reasons or to achieve progress in fields like IP law. The structure of the book follows an outline that groups countries into interest alliances according to their respective IP priorities. This ranges from the driving forces of the EU, US and Japan, via Asia-Pacific resource-rich but IP poor economies such as Australia and New Zealand, recently emerged economies with strong IP systems such as Singapore and Korea to leading developing countries such as China and India and 'second tier industrializing economies' such as Thailand, Malaysia and Indonesia.
Intellectual Property and Innovation Management in Small Firms (Routledge Studies in Entrepreneurship and Small Business)
by Robert BlackburnIntellectual property protection is increasingly becoming a central issue for businesses. This book provides a wealth of original research on intellectual property management in small and medium sized enterprises, while also addressing the context of innovation and knowledge management.
Intellectual Property and Strategy
by Debbie Freier David B. YoffieExplores the role of intellectual property in firms' strategies. Explains the legal and strategic differences between patents, copyrights, trademarks, and trade secrets and explores the multiple ways firms use these different legal protections to gain competitive advantage in the marketplace.
Intellectual Property and the New International Economic Order: Oligopoly, Regulation, And Wealth Redistribution In The Global Knowledge Economy
by Sam F. HalabiIn economic sectors crucial to human welfare—agriculture, education, and medicine—a small number of firms control global markets, primarily by enforcing intellectual property (IP) rights incorporated into trade agreements made in the 1980s onward: such rights include patents on seeds and medicines, copyrights for educational texts, and trademarks in consumer products. According to conventional wisdom, these agreements likewise ended hopes for a “New International Economic Order,” under which wealth would be redistributed from rich countries to poor. <P><P>In this book, Sam Halabi turns this conventional wisdom on its head by demonstrating that the New International Economic Order never faded, but rather was redirected by other treaties, formed outside the nominally economic sphere, that protected poor countries' interests in education, health, and nutrition, and resulted in redistribution and regulation. <P>This illuminating book should be read by anyone seeking a nuanced view of how IP is shaping the global knowledge economy.<P>Identifies a coherent and unified way of looking at seemingly disparate phenomena in international economic law.<P> Explores a largely neglected dimension of the global wealth inequality debate.<P> Addresses complex issues in international economics and international relations without resorting to technical language or jargon.
Intellectual Property Branding in the Developing World: A New Approach to Non-Technological Innovations (Routledge Research in Intellectual Property)
by Tshimanga KongoloIntellectual Property Branding in the Developing World identifies success stories in the areas of intellectual property (IP) and branding for non-technological innovation in the developing world. The author examines the relationship between IP, branding and innovation to demonstrate that innovation, in general, and non-technological innovation, in particular, must go hand in hand with branding. Branding of non-technological innovations should be a good strategic tool to be used by countries in the developing world mainly in the areas where they have competitive advantages. This book will assist scholars and academics dealing with innovation, branding, and IP issues, providing context and guidance to policymakers from the developing world. It is also relevant to researchers and students in the fields of intellectual property law, commercial law, international law, management, and innovation.
Intellectual Property, Community Rights and Human Rights: The Biological and Genetic Resources of Developing Countries (Routledge Research in Intellectual Property)
by Marcelin Tonye MahopThis book considers the issue of biodiversity in developing countries in relation to intellectual-property rights, community rights and human rights. Drawing together a number of case studies of developing countries rich in biological and genetic resources including India, South Africa and Brazil, the book examines the access to PGRs and their utilizations in the contexts of scientific and commercial oriented activities pursued both in the source and user countries. Exploring how community rights are protected in national biodiversity-related regulations and some international legal instruments, Marcelin Tonye Mahop also discusses the relationship between community rights and human rights in the context of biodiversity. The book looks at the issue of bio-piracy, asking whether this phenomenon should only be seen as a North–South clash, whereby biodiversity rich countries of the Southern Hemisphere blame developed countries and their actors as its principal perpetrators. While recognizing that developing countries' actors play a role in this bio-piracy phenomenon, the book goes on to suggest alternative measures for the legal protection of community rights at the national level with the possibility of national and international enforceability. Essential reading for students and scholars of intellectual-property rights, biodiversity regulations and human rights, this book will also be of great value to researchers and members of professional organizations working in these subject areas. National and regional negotiators in the international processes dealing with the issues covered in the book will find it a useful tool that can help them to understand various facets of these processes.
Intellectual Property, Design Innovation, and Entrepreneurship (Springer Series in Design and Innovation #11)
by Matthias HillnerThis book focuses on intellectual property (IP) in the context of product innovation and design-led start-up management. A distinguished feature is that it analyses innovation-related scenarios within their continuously changing contexts. IP is discussed in relation to the way in which its value changes over time as a venture matures. The book reveals how IP strategies can enhance a start-up’s survival prospects and its growth potential if they are connected systematically to other business development attributes. Being mainly addressed to enterprising designers, it may also support business administration programmes, innovation hubs, design educators, incubator managers, as well as business coaches and IP attorneys who support creatives and inventors. All in all, this book offers a unique and timely strategic guidance in the field of design and innovation management. “Design and design rights have long been overlooked in the plethora of studies on the links between IPR and innovation. Matthias Hillner’s thoughtful and eloquent journey provides a contemporary and meaningful analysis which will no doubt assist governments, economists, academics and designers’ better understanding of design in the context of successful business strategies and IPR. Given design’s significant contribution to global economies, I am confident it will offer much needed guidance.”Dids Macdonald OBE, founder CEO of Anticopying in Design (ACID)"This is an immensely practical book for designers and entrepreneurs who want to understand the issues of IP, product innovation, and business development. With clear explanations, many vivid examples, and strategically useful tips, it will be a valuable resource for creative minds at all levels of experience. A serious book but written with a sensitive touch on how to protect new ideas." Richard Buchanan, Professor of Design, Management, and Innovation, Weatherhead School of Management, Case Western Reserve University
Intellectual Property, Finance and Corporate Governance (Routledge Research in Intellectual Property)
by Janice DenoncourtIP law has evolved from being a little pool to a big ocean. Corporate governance needs to respond to society’s rising expectations of directors and boards as the impact of the global intellectual property ecosystem is felt. How can a responsible corporate culture of IP transparency be stimulated to create a rosy future to connect corporate communication with the desires of shareholders, investors and other stakeholders? The astonishing lack of material quantitative and qualitative information companies report about their IP assets makes it difficult for shareholders and other stakeholders to assess directors’ stewardship of those assets – a pressing corporate governance issue in the 21st century. This book advances IP reporting in alignment with the key corporate governance principles of transparency and disclosure. It analyses the juncture between the IP ecosystem; corporate finance and accounting for intangibles; and corporate governance. Patents, mini-case studies and an original business triage style model for assessing IP disclosures are used to illustrate the gaps corporate governance theory needs to address. Focussing on the common law tradition of corporate governance in England and Wales, intangibles and IP reporting developments in other jurisdictions are also explored.
Intellectual Property in Global Governance: A Development Question (Routledge Research in Intellectual Property)
by Chidi OguamanamIntellectual Property in Global Governance critically examines the evolution of international intellectual property law-making from the build up to the TRIPS Agreement, through the TRIPS and post-TRIPS era. The book focuses on a number of thematic intellectual property issue linkages, exploring the formal and informal institutional interactions and multi-stakeholder holder intrigues implicated in the global governance of intellectual property. Using examples from bio-technology, bio-diversity, bio-prospecting and bio-piracy it investigates the shift or concentration in the focus of innovation from physical to life sciences and the ensuing changes in international intellectual property law making and their implications for intellectual property jurisprudence. It examines the character of the reception, resistance and various nuanced reactions to the changes brought about by the TRIPS Agreement, exploring the various institutional sites and patterns of such responses, as well as the escalation in the issue-linkages associated with the concept and impact of intellectual property law. Drawing upon multiple methodological approaches including law and legal theory; regime theory, globalization and global governance Chidi Oguamanam explores the intellectual property dynamics in the "Global Knowledge Economy" focusing on digitization and information revolution phenomenon and the concept of a post-industrial society. The book articulates an agenda for global governance of intellectual property law in the 21st century and speculates on the future of intellectual property in North-South relations.
Intellectual Property in Innovationskooperationen: Zuordnung von IP in unternehmensübergreifenden Prozessen der Innovationserstellung
by Michael HorethDas Management und der Schutz des geistigen Eigentums eines Unternehmens (Intellectual Property – IP) sind besonders für innovative Unternehmen von signifikanter, strategischer Bedeutung. Angesichts der zunehmenden Interaktionen und Kooperationen von Unternehmen bei der Innovationserstellung mit externen Dritten, erscheint der adäquate Einsatz juristischer (z.B. Patent, Design oder Marke) und faktischer Schutzinstrumente unabdingbar, um die Wettbewerbsfähigkeit eines Unternehmens zu erhalten oder sogar nachhaltig zu verbessern. Der effektive Umgang mit unternehmerischem IP im (kooperativen) Innovationsprozess ist, bedingt durch die Interdisziplinarität, jedoch mit Herausforderungen für das Management verbunden.Dr. Michael Horeth vermittelt ein weitreichendes Bild betriebswirtschaftlicher und juristischer Aspekte, das eine umfassende Perspektive auf die unternehmerische Innovationserstellung und die damit einhergehenden Aufgaben und Herausforderungen ermöglicht. Er bietet dabei fundierte Einblicke hinsichtlich der Entstehung und des Umgangs mit IP in (kooperativen) Innovationsprozessen. Besonderer Fokus wird dabei auf ein ganzheitliches Portfolio von Schutzinstrumenten für Innovationen, die Zuordnung der Rechtspositionen und die Gestaltung des Innovationsprozesses gelegt.
Intellectual Property in Russia (Routledge Studies in the Economics of Business and Industry)
by Natalia M. Udalova Anna S. VlasovaIntellectual property rights are essential for a firm’s competitive edge and success and form the significant assets for many firms. The authors of this book argue that intellectual property is a complex phenomenon, which inevitably requires a combination of both economic and legal considerations, because the lack of understanding of the mechanisms for the protection and preservation of IP can serve to undermine any of the potential economic benefits. The book outlines the opportunities that can be derived from the use of IP in business and also identifies the rules necessary for their implementation. It offers a comprehensive, systemic research of intellectual property based on the most up-to-date legislation and cases of IP use in Russia. Such an approach will allow readers to fully understand the peculiarities of IP as a special phenomenon of the Russian market. There is a good balance between theoretical knowledge and practical implementation, and the plain language and unique approach to structuring information make the book accessible and easy to understand. It contains a special glossary of terms to facilitate the understanding of the material presented in the book. Although the book looks specifically at the Russian case, it will have international appeal, since intellectual property, by its very nature, has become a transnational phenomenon. Moreover, the international regulatory framework provides for the similarity of legal regulation of IP. The book will find an audience among researchers concerned with the economics and law of intellectual property, as well as, policymakers and practitioners involved in business IP.
Intellectual Property, Innovation and Economic Development: New Evidence and Policy Implications (Intellectual Property, Innovation and Economic Development)
by Carsten Fink Ernest MiguelezThe international mobility of talented individuals is a key part of globalization. In the quest to promote innovation and entrepreneurship, many governments have sought to attract skilled migrants from abroad, inciting both a global competition for talent and concerns about the displacement of domestic workers. This important new work investigates why skilled individuals migrate and how they shape innovation around the world. Using patent data from the World Intellectual Property Organization (WIPO), it charts patterns of high-skilled migration worldwide. In addition, contributions by leading migration scholars review the latest research insights, discuss new approaches to studying high-skilled migration and present fresh evidence on the causes and consequences of greater talent mobility. This book will prove invaluable to policymakers seeking to understand how migration policy choices affect innovation outcomes as well as academic researchers interested in the migration-innovation nexus.
Intellectual Property, Innovation and Management in Emerging Economies (Routledge Studies in the Growth Economies of Asia)
by Ruth TaplinThis book argues that intellectual property (IP) management development and innovation are fundamental to economic development , especially in newly emerging economies which often hold vast reserves of natural resources and human knowledge that remain unprotected. It sheds light on countries that are gradually realising this situation, with examples from many parts of the world, including Eastern Europe, Africa and especially Asia including India, where a great deal is being made of innovation and intellectual property to stimulate economic growth. These case studies are seen within the theoretical context of the future of cross-border IP which is slowly becoming a reality. Specific examples go beyond the patent prosecution highway, to which China has also recently signed up, and India’s development of generic drugs at lower costs. Experts in the field including practising IP lawyers explain and criticise current and new models being tested in emerging economies concerning IPR. Original case studies of hitherto little understood breaches of African trademarks by the US and Japan, and patenting mistakes in relation to little known Indian forest plants all damage emerging economies and their native people's lives. While proper implementation of IP laws by emerging economies themselves can lead to positive outcomes for all involved, the key is an independent judiciary coupled by thoughtful and thoroughly understood implementation of IP laws within the context of cross border IP. The book shows through models how different emerging economies are at various levels of developing their IPR and what paths they are taking to do this. Finally, it provides a comprehensive assessment of the ways in which innovation, protection and enforcement of IP laws can help newly emerging economies achieve economic growth without destroying natural and human resources, while moving ahead from the current global financial crisis.
Intellectual Property Issues
by Johanna Driehaus Ulrich Storz Wolfgang FlascheSpringerBriefs in Biotech Patents present timely reports of intellectual properties (IP) issues and patent aspects in the field of biotechnology. This new volume in the series focuses on the particular IP issues of therapeutics, vaccines and molecular diagnostics. The first chapter concentrates on basics principles for protecting antibody compounds. Additional ways to create follow-up protection for antibody therapeutics are also discussed. The second chapter gives an overview of the patent landscape in molecular diagnostics, and discusses issues of patentability with respect to the different technologies and compounds used therein. The third chapter gives a broad overview of areas of law that are particularly relevant to the patenting of peptide vaccines and therapeutic peptides as products and in compositions. The scope of patentable subject matter is discussed, as it has been the focus of much wrangling and debate in the courts.
Intellectual Property Law and Access to Medicines: TRIPS Agreement, Health, and Pharmaceuticals (Law, Development and Globalization)
by Srividhya RagavanThe history of patent harmonization is a story of dynamic actors, whose interactions with established structures shaped the patent regime. From the inception of the trade regime to include intellectual property (IP) rights to the present, this book documents the role of different sets of actors – states, transnational business corporations, or civil society groups – and their influence on the structures – such as national and international agreements, organizations, and private entities – that have caused changes to healthcare and access to medication. Presenting the debates over patents, trade, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), as it galvanized non-state and nonbusiness actors, the book highlights how an alternative framing and understanding of pharmaceutical patent rights emerged: as a public issue, instead of a trade or IP issue. The book thus offers an important analysis of the legal and political dynamics through which the contest for access to lifesaving medication has been, and will continue to be, fought. In addition to academics working in the areas of international law, development, and public health, this book will also be of interest to policy makers, state actors, and others with relevant concerns working in nongovernmental and international organizations.
Intellectual Property Management: Interdisciplinary Knowledge for Business Decision-Making
by Irina HeimAn understanding of intellectual property is an essential component of management and business strategy in many industries. It can be used to generate value and create competitive advantage and goes hand-in-hand with the study of technology innovation and international business. However, the literature on intellectual property has been dominated by writers with backgrounds in legal science and economics. This book advocates an interdisciplinary view on intellectual property management for business and management students and professionals. It provides an outline of the field in terms that are tailored to management scholarship and with an emphasis on business decision making. It is intended for business school students of intellectual property management, innovation, strategic management and industry studies, as well as professionals in need of an accessible and business-minded approach to intellectual property management.
Intellectual Property Management for Start-ups: Enhancing Value and Leveraging the Potential (Management for Professionals)
by Martin A. Bader Sevim Süzeroğlu-MelchiorsThis book examines intellectual property (IP) as an important value driver for start-ups. Businesses of all sizes are inevitably confronted with intellectual property issues at some point, but start-ups and their collaborators face unique challenges and opportunities in IP management. Identifying, generating, and exploiting intellectual property can lead to sustainable competitive advantages and avoidance of risks. Many start-ups sense the complexity of IP management and therefore place their energy elsewhere. However, the clear conclusion to be drawn from this unique collection of contributions is that putting an IP management strategy in place is critical to the successful development of a business. Prof. Dr. Martin A. Bader and Prof. Dr. Sevim Süzeroğlu-Melchiors have years of experience as consultants, entrepreneurs, business owners, and researchers where they saw firsthand the need for a comprehensive yet practical resource for start-ups and their key stakeholders.This book explores different perspectives in dealing with IP from six different angles: the start-up’s view, the investor’s view, the corporation’s view, the university’s view, the global IP office’s view, and the advisor’s view. Each section consists of chapters written by leading experts from around the globe including Silicon Valley, Canada, Israel, Switzerland, Germany, Finland, France, Australia, Brazil, India, Japan, Singapore, and South Africa. Contributors bring practical experience from a wide range of sectors, such as information and communication technology, software, artificial intelligence, machine learning, cybersecurity, industrial automation, internet of things, life sciences, pharma, crop science, biotech, medtech, mining, sustainability, climate tech, and even quantum technologies. This timely publication serves as a guidebook for entrepreneurs and other key stakeholders in the start-up ecosystem. It empowers founders to develop their own IP management strategy to mitigate risk, create and capture value, and lay the groundwork for sustainable growth. An essential reference for start-ups to achieve business excellence.“This edited book volume offers valuable insights, bringing together perspectives of key stakeholder groups from a wide variety of innovation ecosystems – an invaluable resource.” —Carsten Fink, Chief Economist, World Intellectual Property Organization, Geneva“A timely book for those wanting a clear overview of the issues the different players encounter in the start-up ecosystem. A useful resource indeed. Congratulations to the editors and team.”—Audrey Yap, Managing Partner YUSARN AUDREY LLC, Past President LESI, Chairman Singapore Innovation & Productivity Institute, Singapore“A ‘must read’ for all innovators in the start-up world. It is truly a fantastic book and one I would recommend being bought and read (in full)!”—Laurence Freeman, Professor (Adjunct), CU Denver Business School, Jake Jabs Center for Entrepreneurship, Denver, Colorado, United States
Intellectual Property Overlaps: Theory, Strategies, and Solutions (Routledge Research in Intellectual Property)
by Robert TomkowiczIntellectual property rights and their overlaps are considered in light of rights purposes, relying on the concept of a balance of rights as the measuring rod for assessment of the consequences resulting from the exercise of overlapping rights. Identifying the complex interface between different types of intellectual property rights, this book discusses the use of these rights and their effect on a diverse group of stakeholders, from individual users of e-books to large corporations operating search engines on the internet.The book suggests solutions to potentially objectionable uses of overlapping rights in an attempt to provide judiciary and law practitioners with an analytical framework for resolving disputes of overlaps in the intellectual property system. In doing so, the author investigates how use of intellectual property rights associated with one segment of the system can affect the carefully crafted balance of rights held by various stakeholders in an overlapping segment. In particular, the book suggests that a properly construed doctrine of misuse of intellectual property rights would provide an adequate response to the challenge posed by improper use of overlapping intellectual propertyrights.This book is of particular interest to law practitioners, managers in advanced technology and media industries, academics, and university students who work with or analyze intellectual property and new technologies.
Intellectual Property Rights and ASEAN Development in the Digital Age (Routledge-ERIA Studies in Development Economics)
by Lurong Chen Fukunari KimuraThe trade-investment-service-intellectual property (IP) nexus remains at the heart of economic development and the main features of which are global value chains (GVCs) and digitalisation. The protection of intellectual property rights (IPR) has become a critical issue not only for advanced economies but also for emerging markets. This edited volume contributes to the debates on IPR protection and economic development from the perspective of Association of Southeast Asian Nations (ASEAN) member states. The book provides insights into the mechanism and evidence on how effective IPR protection will increase economic and social welfare via promoting innovation activities and providing incentives to diffuse knowledge and transfer technologies. Written by economists and lawyers from the region, these experts share their latest findings and thoughts on how countries in Southeast Asia have been progressively improving IPR protection and increasing the interoperability of different IPR regimes through regional cooperation to facilitate business operations in the context of digital transformation.
Intellectual Property Rights and Competition in Standard Setting: Objectives and tensions (Routledge Research in Intellectual Property)
by Valerio TortiCompetition and intellectual property rights (IPRs) are both necessary for a market to work efficiently and to promote consumer welfare. Properly applied, intellectual property rules define a legal framework which allows undertakings to profit from their inventions. This in turn encourages competition among firms and enhances dynamic efficiency, to the benefit of consumer welfare. Standard setting represents one of the fields where the interaction between competition law and IPRs clearly comes to light. The collaborative goal of standard setting organizations (SSOs) is to adopt and promote standards that either do not conflict with anyone’s right or, if they do, are developed under condition that patents are licensed under defined terms. This book examines the tension between IPRs and competition in the standard setting field which can arise when innovators over-exploit the rights they have been granted and hold up an entire industry. The book compares EU and U.S. jurisdictions with a particular focus on the IT and telecommunication sectors. It scrutinizes those practices which could harm standard setting and its goals, looking at misleading conducts by SSOs’ members which may lead to breach the EU and U.S. antitrust provisions on abuse of market power. Recent developments in EU and U.S. standard setting are analysed highlighting the differences in enforcement approaches. The book considers how the optimal balance between IPRs and industry standards can be struck, suggesting a policy model which takes into account both innovators’ interests and SSOs’ goals.