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Book part
Publication date: 1 October 2007

Johannes Moenius and Vitor Trindade

This chapter summarizes the interdependence of network effects, compatibility standards and intellectual property rights (IPR) in the global economy. This interdependence…

Abstract

This chapter summarizes the interdependence of network effects, compatibility standards and intellectual property rights (IPR) in the global economy. This interdependence is analyzed at the product market level and at the research and development level. The questions to be examined are: how IPR influence the provision of goods exhibiting network effects; the impact of network effects on the creation, dissemination and protection of intellectual property and of goods with strong intellectual property content; and strategic issues faced by firms and governments in goods that exhibit network effects. We answer these questions by studying how network effects influence the value of IPR and how in turn IPR may influence the size of networks. We highlight the central importance of IPR protection of interface standards for market outcomes, and how different types of IPR generate market power through interface standards. We review similarities of network effects in product markets and research networks as well as impediments to their expansion. We finally discuss alternative outcomes of standardization policies, institutional choices and strategic coordination efforts by firms. We emphasize how the answers to these questions are distinct in an international context.

Details

Intellectual Property, Growth and Trade
Type: Book
ISBN: 978-1-84950-539-0

Book part
Publication date: 1 October 2007

Walter G. Park

This chapter provides a selective survey of the theoretical and empirical literature to date on the relationship between intellectual property rights (IPRs) and measures…

Abstract

This chapter provides a selective survey of the theoretical and empirical literature to date on the relationship between intellectual property rights (IPRs) and measures of innovation and international technology transfer. The chapter discusses the empirical implications of theoretical work, assesses the theoretical work based on the evidence available, and identifies some gaps in the existing literature.

Details

Intellectual Property, Growth and Trade
Type: Book
ISBN: 978-1-84950-539-0

Book part
Publication date: 1 October 2007

Edwin L.-C. Lai

In this chapter I put forward a framework to help us understand the underlying sources of national policy failures regarding intellectual property rights (IPR) protection…

Abstract

In this chapter I put forward a framework to help us understand the underlying sources of national policy failures regarding intellectual property rights (IPR) protection, the need for international coordination, and how the coordination should be done. I also analyze whether global harmonization of IPR standards is necessary or sufficient for achieving globally welfare-maximizing policies. Then I move on to analyze the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which is a mighty effort to coordinate IPR policies across member countries of the World Trade Organization (WTO). I discuss what TRIPS was supposed to do and what it has actually achieved, with reference to my theoretical framework. I explain that it is desirable for IPR to be included in world trade talks and be negotiated along with other trade issues. I offer analyses on the extensions of the basic model by introducing political economy and trade barriers, as well as allowing countries to discriminate against foreign firms. Finally, I comment on further potential extensions such as introduction of foreign direct investment (FDI) or licensing, parallel imports, cumulative innovations, subject matter of protection and costs of implementation. The main thrust of the basic model is that, provided that there is free trade and non-discrimination of foreign firms, there exist positive cross-border externalities as a country strengthens its IPR protection, since it raises the profits of foreign firms and the welfare of foreign consumers without causing any deadweight loss on foreign soil. This implies that national governments tend to provide too little IPR protection compared with the global optimum. The model also implies that a country with higher innovative capability and larger domestic market would provide stronger IPR. Thus, it is natural for the South to protect IPR less than the North in the absence of international coordination. These basic results largely continue to hold under various extensions.

Details

Intellectual Property, Growth and Trade
Type: Book
ISBN: 978-1-84950-539-0

Book part
Publication date: 1 October 2007

Keith E. Maskus

This chapter reviews the economics literature on the development aspects of a substantially strengthened global regime of intellectual property rights (IPR). In this…

Abstract

This chapter reviews the economics literature on the development aspects of a substantially strengthened global regime of intellectual property rights (IPR). In this regime developing countries must adopt tighter standards governing patents, copyrights, and related policies, in order to protect global innovation. Some analytical literature finds that these changes could improve prospects for technology flows to poor countries, helping to integrate them into the global knowledge economy. Other authors raise deep concerns about whether these policy shifts will restrict growth through raising the costs of imitation, innovation, and acquiring international technologies. Poor countries may face permanently higher costs, raising questions about both the efficiency and equity implications. The chapter considers first the role of a balanced IPR regime in an overall economic development policy. This balance could involve widely varying protection standards at differing levels of economic development, growth, and social preferences. This situation is especially true in the world economy, where poorer countries may prefer to free ride on available international technologies. Much of the theoretical literature takes this view, suggesting that harmonized global policies could reduce innovation and growth. More recent literature takes a broader view of the ability of IPR to build global technology markets and support international information exchanges. Ultimately these are empirical questions and the available literature differs considerably in analytical approaches and conclusions. Thus, the chapter analyzes contributions from theory, empirical analysis, and case studies regarding prospective improvements or impediments to economic development arising from IPR reforms. These issues are especially important in public health and nutrition. The chapter concludes with an overview of how the globalized nature of IPR protection could affect developing countries. The essential point is that policy governing patents and copyrights needs to be embedded effectively in an overall economic development strategy.

Details

Intellectual Property, Growth and Trade
Type: Book
ISBN: 978-1-84950-539-0

Article
Publication date: 20 September 2021

Azlin Alisa Ahmad, Mohd Hafiz Mohd Dasar and Nik Abdul Rahim Nik Abdul Ghani

This study aims to analyse the Shariah issues in the implementation of tawarruq contract in the Islamic profit rate swap (IPRS) instrument in Malaysia.

Abstract

Purpose

This study aims to analyse the Shariah issues in the implementation of tawarruq contract in the Islamic profit rate swap (IPRS) instrument in Malaysia.

Design/methodology/approach

This is a qualitative study in applying data analysis and semi-structured interview approaches. Data was collected from various documents including journals, articles and past studies conducted by scholars. To achieve the purpose of this study, the data is analysed based on thematic analysis.

Findings

The study found several Shariah issues regarding the implementation of tawarruq contract in the IPRS instruments, which have remained a dispute amongst the Islamic financial scholars such as its profit-making purpose, encouragement of debt, impediment of shared risk concept, disputed underlying assets, a deception towards allowing riba and dual agency.

Research limitations/implications

This study recommends several improvements such as the establishment of a neutral agency that does not represent any banking institution to manage the tawarruq contract commodity purchase from Bursa Suq al-Sila’ (BSAS). In addition, a neutral agency can provide aid in terms of transaction facility or at least consultation service for clients to enable them to conduct the commodity transactions independently.

Practical implications

Moreover, guidelines should be established on the separation of the deadline to sign the agreement of appointment of a bank as the commodity purchase agent and the agreement of appointment of the bank as the commodity sale agent on behalf of clients. All transactions related to tawarruq contract commodity must be done through BSAS. The regulators and industry experts may create a guideline for the IPRS based on the issues and recommendations that have been discussed in this study.

Originality/value

On the basis of the analysis of the criticisms and issues in the implementation of tawarruq contract in the IPRS instrument, the current study found that an intermediating institution is allowed to gain profits from transactions conducted so long as they are based on Shariah principles of contract in Islam. As there is no parameter specifically for IPRS, thus the suggested parameter can be used by policymakers such as the Central Bank of Malaysia to ensure the industry complies with Shariah principles.

Details

Qualitative Research in Financial Markets, vol. 14 no. 3
Type: Research Article
ISSN: 1755-4179

Keywords

Article
Publication date: 26 November 2021

Glauco De Vita, Constantinos Alexiou, Emmanouil Trachanas and Yun Luo

Despite decades of research, the relationship between intellectual property rights (IPRs) and foreign direct investment (FDI) remains ambiguous. Using a recently developed…

Abstract

Purpose

Despite decades of research, the relationship between intellectual property rights (IPRs) and foreign direct investment (FDI) remains ambiguous. Using a recently developed patent enforcement index (along with a broader IPR index) and a large sectoral country-to-country FDI dataset, the authors revisit the FDI-IPR relationship by testing the impact of IPRs on UK and US outward FDI (OFDI) flows as well as earnings from outward FDI (EOFDI).

Design/methodology/approach

The authors use disaggregated data for up to 9 distinct sectors of economic activity from both the US and UK for OFDI flows and EOFDI, for a panel of up to 42 developed and developing countries over sample periods from 1998 to 2015. The authors employ a panel fixed effects (FE) approach that allows exploiting the longitudinal properties of the data using Driscoll and Kraay's (1998) nonparametric covariance matrix estimator.

Findings

The authors do not find any consistent evidence in support of the hypothesis that countries' strength of IPR protection or enforcement affects inward FDI, or that sector of investment matters. The results prove robust to sensitivity checks that include an alternative broader measure of IPR strength, analyses across sub-samples disaggregated according to the strength of countries' IPRs as well as developing vs developed economies and an extended specification accounting for dynamic effects of the response of FDI to both previous investment levels and IPR (patent) protection.

Originality/value

The authors make use of the largest most granular sectoral country-to-country FDI dataset employed to date in the analysis of the FDI-IPR nexus with disaggregated data for OFDI and EOFDI across up to 9 distinct sectors of economic activity from both the US and UK The authors employ a more sophisticated measure of IPR strength, the patent index proposed by Papageorgiadis et al. (2014), which places emphasis on the effectiveness of enforcement practices as perceived by managers, together with the overall administrative effectiveness and efficiency of the national patent system.

Details

Journal of Economic Studies, vol. 49 no. 8
Type: Research Article
ISSN: 0144-3585

Keywords

Article
Publication date: 12 November 2018

Darong Dai

The purpose of this paper is to use a variety-expanding growth model embedded in the North–South framework to study the implementation of globally desirable protection of…

Abstract

Purpose

The purpose of this paper is to use a variety-expanding growth model embedded in the North–South framework to study the implementation of globally desirable protection of intellectual property rights (IPRs) in the emerging South.

Design/methodology/approach

The authors use a variety-expanding growth model with innovation-led economic growth in both North and South. As usual, imitations targeted equally at Northern and Southern innovations only occur in the South, and the authors focus on the design of Southern IPR protection.

Findings

Welfare-maximizing degrees of Southern IPR protection are explicitly derived for both North and South. There tends to exist a North–South conflict on the right degree of protection. To resolve this conflict, the Southern government can grant appropriate subsides to support domestic innovators. The authors derive the right rate of innovation subsidies such that the conflict is resolved.

Originality/value

This paper represents the first attempt to deal with the North–South conflict on the degree of Southern IPR protection within the variety-expanding growth model. And the novel perspective is to relax the North–South tension on IPR protection via additionally implementing an appropriate innovation subsidy policy.

Details

Journal of Economic Studies, vol. 45 no. 6
Type: Research Article
ISSN: 0144-3585

Keywords

Article
Publication date: 1 June 2002

Clifford J. Shultz and Alexander Nill

Observes that variances in standards for and interpretations of intellectual property rights (IPR) around the globe remain one of the great challenges for marketers and…

2912

Abstract

Observes that variances in standards for and interpretations of intellectual property rights (IPR) around the globe remain one of the great challenges for marketers and stakeholders of the marketing paradigm. Attempts to distil the issues surrounding IPR and its protection, and to examine the phenomenon of IPR violations within a framework of social dilemmas. In so doing, describes and provides examples for some of the problems associated with IPR violations. Contends that much work is still to be done, if it is hoped to implement a global system for IPR protection that serves the best long‐term interests for the largest number of society’s stakeholders. Concludes with opportunities for further research.

Details

European Journal of Marketing, vol. 36 no. 5/6
Type: Research Article
ISSN: 0309-0566

Keywords

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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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

Keywords

Article
Publication date: 21 November 2018

Huiying Zhang and Yan Xing

With the focus on the impact of foreign direct investment (FDI) on export quality or of intellectual property rights (IPR) protection on export trade, there is little…

Abstract

Purpose

With the focus on the impact of foreign direct investment (FDI) on export quality or of intellectual property rights (IPR) protection on export trade, there is little scholarly attention on how IPR protection affects the relationship between FDI and export quality. This study aims to examine the potential nonlinear dynamic threshold effect of IPR protection on the relationship between FDI and export quality. Distinguishing between developing and developed countries, the authors present an empirical analysis of the effects of FDI on export quality per degree of IPR protection.

Design/methodology/approach

Using panel data on 45 countries for the period from 1992 to 2014, we use a nonlinear dynamic panel threshold model to examine the effect of IPR protection on the relationship between FDI and export quality.

Findings

The authors find a triple threshold effect of IPR protection in both developing and developed countries. The three threshold values are larger for developed countries than for developing countries. The coefficients on the relationship between FDI and export quality per degree of IPR protection are larger in developing countries than in developed countries, except for high IPR protection. The results of the paper suggest that the effect of FDI on export quality differs greatly per degree of IPR protection. In both developing and developed countries, FDI impacts export quality most significantly under medium-high IPR protection. Having estimated the optimal range of IPR protection for attaining FDI in both groups of countries, policy recommendations are offered.

Originality/value

These findings not only contribute to the literature but also provide a view that a moderate level of IPR protection is conducive to attracting FDI and improving export quality.

Details

Nankai Business Review International, vol. 10 no. 2
Type: Research Article
ISSN: 2040-8749

Keywords

1 – 10 of over 1000