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Article
Publication date: 14 September 2010

Si Chunlin and Lee King‐Lien

This paper aims to develop a systematic framework of strategy of designing around existing patents in enterprises' innovative activities. After reviewing the choice of…

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1153

Abstract

Purpose

This paper aims to develop a systematic framework of strategy of designing around existing patents in enterprises' innovative activities. After reviewing the choice of strategy and principle of the design to evade the existing patents, this paper discusses how to select the target patent under enterprise's strategy, before finally taking the designing around existing patent based on patent standardisation as an successful implementation of innovative process.

Design/methodology/approach

This is an exploratory research with a case study of critical technology of OTFT to illustrate the application of the proposed strategy. The choice of strategy of designing around existing patents is analyzed on the basis of judgments of patent infringement, and a framework of selecting target patent is proposed for the development of strategy of designing around existing patents as an innovation process.

Findings

This research suggests that technology innovation based on designing around existing patent should focus on choosing technology from the target patent of critical technology, choosing a policy that can balance the risk of patent infringement and costs of technology innovation and combining the policy of designing around existing patent and the application of TRIZ theory.

Originality/value

The framework proposed in this paper provides an alternative strategy of technological innovation for technology follower firms.

Details

Journal of Chinese Entrepreneurship, vol. 2 no. 3
Type: Research Article
ISSN: 1756-1396

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Book part
Publication date: 26 February 2008

Louise Hallenborg, Marco Ceccagnoli and Meadow Clendenin

This chapter provides an overview of five modes of intellectual property (IP) protection – patents, designs, copyrights, trademarks, and trade secrets – available in the…

Abstract

This chapter provides an overview of five modes of intellectual property (IP) protection – patents, designs, copyrights, trademarks, and trade secrets – available in the United States, the European Union, and Japan. After describing the purposes of and principal differences among the five types of IP protection and outlining the advantages of each form, the chapter provides country- and region-specific information. The authors highlight the aspects of IP law in which international harmonization has, or has not yet, occurred, and offer insights into the relative advantages of various national and regional IP protection systems.

Details

Technological Innovation: Generating Economic Results
Type: Book
ISBN: 978-1-84950-532-1

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Article
Publication date: 8 April 2020

Tomofumi Miyanoshita, Tohru Yoshioka-Kobayashi and Daisuke Kanama

Researchers have pointed out that product packaging in the food industry has a significant influence on consumer decision-making. However, the impact of package…

Abstract

Purpose

Researchers have pointed out that product packaging in the food industry has a significant influence on consumer decision-making. However, the impact of package development on firm performance has not been investigated due to the limited availability of analyses on package design. The purpose of this study is to investigate the relationship between package development and firm performance in the Japanese food manufacturing industry.

Design/methodology/approach

This study empirically analyzed the relationship between package development and firm performance in the Japanese food manufacturing industry by using design patents data.

Findings

As a result of multiple regression analysis, it became clear that the number of design patents related to packaging is significantly linked to the operating profit ratio, growth rate of sales and increase in operating profits of firms. Moreover, the results show inverse U-shaped effects between design patents and firm performance.

Research limitations/implications

The results imply the importance of effective package design management.

Originality/value

This study provides novel insight on both marketing strategy and intellectual property management in the food industry, and it also provides a new method for empirical analysis using design patent data.

Details

British Food Journal, vol. 122 no. 7
Type: Research Article
ISSN: 0007-070X

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Article
Publication date: 22 March 2011

Yung‐Ta Li, Mu‐Hsuan Huang and Dar‐Zen Chen

Foundry, Design House, and integrated device manufacturers (IDM) are major characters in the semiconductor industry value chain. The purpose of this paper is to discuss…

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2372

Abstract

Purpose

Foundry, Design House, and integrated device manufacturers (IDM) are major characters in the semiconductor industry value chain. The purpose of this paper is to discuss patterns of characters' evolution in technology through patents classified as wafer‐design application patents and wafer‐process patents.

Design/methodology/approach

Various patent indicators, such as average patent citation count, and the combination of the average patent citation count and relative patent count share were used to measure the patent activity, patent quality, and the combination of the patent quality and relative patent activity share, respectively. The study period (1979‐2009) was divided into three major technology or wafer size eras, 1979‐1991 for the 6‐ and pre 6‐inch wafer era, 1989‐1999 for the 8‐inch wafer era, and 1997‐2009 for the 12‐inch wafer era.

Findings

Foundry has gradually become the technology transferor rather than purely the manufacturing capacity provider. Foundry's impact on the technology level has risen steeply on both the wafer‐process technology fields and the wafer‐design application technology fields. As a result, IDM, traditionally considered the primary technology contributor in the semiconductor value chain for the past 30 years, will continue to be challenged in the semiconductor industry.

Practical implications

Some hypotheses are clarified to provide managerial implications for the semiconductor industry. Owing to Foundry's rise in technology activity and quality, IDM/Design House should not merely view it as one of their capacity providers but should also pursue a technology alliance with it.

Originality/value

The paper clarifies the traditional hypotheses of the characters of technology in the semiconductor value chain.

Details

Industrial Management & Data Systems, vol. 111 no. 3
Type: Research Article
ISSN: 0263-5577

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Book part
Publication date: 2 August 2016

Anne M. Rector, Bunny Sandefur, Marco Ceccagnoli, Meadow Clendenin and Louise Hallenborg

This chapter provides an overview of the five main modes of intellectual property (IP) protection – patents, copyrights, trademarks, trade secrets, and designs – available…

Abstract

This chapter provides an overview of the five main modes of intellectual property (IP) protection – patents, copyrights, trademarks, trade secrets, and designs – available in the United States, the European Union, and Japan. After describing the purposes of and principal differences among the five types of IP protection and outlining the advantages of each form, the chapter provides country- and region-specific information. The authors highlight the aspects of IP law in which international harmonization has, or has not yet, occurred, and offer insights into the relative advantages of various national and regional IP protection systems.

Details

Technological Innovation: Generating Economic Results
Type: Book
ISBN: 978-1-78635-238-5

Keywords

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Article
Publication date: 27 January 2012

Ross D. Petty

This research aims to examine a number of legal sources for evidence that US marketers were interested in protecting their brand identities in the 1800s.

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1023

Abstract

Purpose

This research aims to examine a number of legal sources for evidence that US marketers were interested in protecting their brand identities in the 1800s.

Design/methodology/approach

The research examines historical legal records including registrations for commercial prints and labels, design patents and trademarks as well as other legal records. The work discusses the evolution of the concept of brand identity by examining various legal methods that were used to try to protect brand identity from imitation.

Findings

The research suggests that marketer interest in the development and protection of brand identity preceded the US Civil War and confirms that this interest was led by marketers of patent medicines, tobacco and liquor. However, the study also demonstrates strong interest by marketers of many other types of products from disposable products to durable manufactured items.

Research limitations/implications

Many original records were lost in the 1836 Patent Office fire or have been simply lost. Some of the databases examined are too large to be comprehensively examined.

Originality/value

The examination of legal records from this period of uncertainty shows how the practice of brand identification led to the concept of brand identity: the legal data examined offer a wealth of information for marketing historians.

Details

Journal of Historical Research in Marketing, vol. 4 no. 1
Type: Research Article
ISSN: 1755-750X

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Book part
Publication date: 19 April 2017

Juan Alcácer, Karin Beukel and Bruno Cassiman

Globalization should provide firms with an opportunity to leverage their know-how and reputation across countries to create value. However, it remains challenging for them…

Abstract

Globalization should provide firms with an opportunity to leverage their know-how and reputation across countries to create value. However, it remains challenging for them to actually capture that value using traditional Intellectual Property (IP) tools. In this paper, we document the strong growth in patents, trademarks, and industrial designs used by firms to protect their IP globally. We then show that IP protection remains fragmented; the quality of IP applications might be questionable; and developing a comprehensive IP footprint worldwide is very costly. Growing numbers of applications are causing backlogs and delays in numerous Patent and Trademarks Offices and litigation over IP rights is expensive, with an uncertain outcome. Moreover, local governments can succeed in transferring value to local firms and influencing global market positions by using IP laws and other regulations. In essence, the analysis shows a global IP environment that leaves much to be desired. Despite these challenges, there are successful strategies to capture value from know-how and reputation by leveraging an array of IP tools. These strategies have important implications for management practice, as we discuss in our concluding section. Global companies will need to organize cross-functional value capture teams focused on appropriating value from their know-how and reputation by combining different institutional, market, and nonmarket tools, depending on the institutional and business environment in a particular region.

Details

Geography, Location, and Strategy
Type: Book
ISBN: 978-1-78714-276-3

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Article
Publication date: 10 July 2017

Alexander Brem, Petra A. Nylund and Emma L. Hitchen

The purpose of this paper is to study the relationship between open innovation and the use of intellectual property rights (IPRs) in small- and medium-sized enterprises…

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3595

Abstract

Purpose

The purpose of this paper is to study the relationship between open innovation and the use of intellectual property rights (IPRs) in small- and medium-sized enterprises (SMEs). The authors consider patents, industrial designs (i.e. design patents in the USA), trademarks, and copyrights.

Design/methodology/approach

The relationships between open innovation, IPRs, and profitability are tested with random-effects panel regressions on data from the Spanish Community Innovation Survey for 2,873 firms spanning the years 2008-2013.

Findings

A key result is that SMEs do not benefit from open innovation or from patenting in the same way as larger firms. Furthermore, the results show that SMEs profit in different ways from IPR, depending on their size and the corresponding IPR.

Research limitations/implications

The different impact of IPRs on the efficiency of open innovation in firms of varying sizes highlights the importance of further investigation into IP strategies and into open innovation in SMEs.

Practical implications

Industrial designs are currently the most efficient IPR for SMEs to protect their intellectual property in open innovation collaborations. Depending on the company size, the use of different IPRs is recommended. Moreover, firms should seek to increase the efficiency of open innovation and the use of IPRs.

Social implications

The high impact of SMEs on employment highlights the importance of fomenting efficient innovation processes in such firms.

Originality/value

This paper opens the black box of IPR in relation to open innovation in SMEs, and draws distinctive conclusions with regards to patents, industrial designs, trademarks, and copyrights.

Details

Management Decision, vol. 55 no. 6
Type: Research Article
ISSN: 0025-1747

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Article
Publication date: 1 June 1989

Howard Johnson

The purpose of this monograph is to examine the main elements of the Copyright Designs & Patents Act 1988 which received the Royal Assent on the 15th November 1988. The…

Abstract

The purpose of this monograph is to examine the main elements of the Copyright Designs & Patents Act 1988 which received the Royal Assent on the 15th November 1988. The Act provided for a major overhaul of the law on copyright and on registered designs, as well as certain adjustments to patent and trademark law and two major new regimes on performers' rights and design rights. While this is a major domestic reform the law is unlikely to remain unaltered for long because of the move towards a single market within the E.E.C. by 1992. This will lead to the introduction of harmonised regimes on the various elements of intellectual property law such as copyright and industrial design which will no doubt require some readjustment to U.K. domestic law. Recently the E.E.C. Commission published a Green Paper on “Copyright and the Challenge of Technology” which suggests solutions to some questions such as the vexed problem of illegal home taping which are different to those adopted by the U.K. in the new Act. [On 21/12/88 a draft directive on Copyright & Computer Software which proposes a harmonised regime for the protection of computer programs and related matters was published]. It also has to be borne in mind that while Article 222 of the Treaty of Rome states that the treaty does not affect the existence of national intellectual property right regimes the “exercise” of these national rights may be found to infringe the provisions of the Treaty on free movement of goods (Arts. 30–36) or on competition law (Arts. 85–86).

Details

Managerial Law, vol. 31 no. 6
Type: Research Article
ISSN: 0309-0558

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Book part
Publication date: 22 September 2009

Bronwyn H. Hall and Rosemarie H. Ziedonis

We examine the patenting behavior of firms in an industry characterized by rapid technological change and cumulative innovation. Recent survey evidence suggests that…

Abstract

We examine the patenting behavior of firms in an industry characterized by rapid technological change and cumulative innovation. Recent survey evidence suggests that semiconductor firms do not rely heavily on patents to appropriate returns to R&D. Yet the propensity of semiconductor firms to patent has risen dramatically since the mid-1980s. We explore this apparent paradox by conducting interviews with industry representatives and analyzing the patenting behavior of 95 U.S. semiconductor firms during 1979–1995. The results suggest that the 1980s strengthening of U.S. patent rights spawned “patent portfolio races” among capital-intensive firms, but it also facilitated entry by specialized design firms.

Details

Economic Institutions of Strategy
Type: Book
ISBN: 978-1-84855-487-0

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