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This paper focuses on two related questions at the intersection of antitrust and intellectual property law. First, under what circumstances must the holder of a patent or a copyright or the owner of a trade secret allow others to use that intellectual property? Second, under what circumstances can the holder of an intellectual property right use that right to make it difficult for another party to succeed in a related market? These questions have vexed antitrust and intellectual property scholars alike ever since the Federal Circuit ruled in 2000 that patent holders “may enforce the statutory right to exclude others from making, using, or selling the claimed invention free from liability under the antitrust laws,” a ruling that directly contradicted the Ninth Circuit ruling that antitrust liability could be imposed for almost identical conduct, depending on the motivations of the patent holder. The various proceedings in United States v. Microsoft only added fuel to the firestorm of controversy.After briefly retracing the jurisprudential path to see how this situation arose, we propose a solution that primarily involves a variation on the real property concept of adverse possession for the intellectual property space along with a slight extension of the Essential Facilities Doctrine for industries that exhibit network effects. We examine, both for firms with and without market power, how our proposal would resolve the situations presented by large fixed asset purchases, the introduction of entirely new products, and operating systems with network effects. We also demonstrate how our proposal could be applied in the European antitrust enforcement context.

I begin with a dispute over a fox hunt, by which to understand the law of tangible property, then develop that metaphor for the major types of intellectual property. I start with domestic U.S. patent law for the sake of concreteness, and generalize to other jurisdictions and types of intellectual property. In the latter parts of the paper I discuss the international implications of intellectual property, including especially the effects of information spillovers. The last part of the paper describes the hazards in analogizing “trade” in intellectual property rights to trade in goods, and particularly in interpreting international patent data. These hazards motivate the search for a structural model specially adapted to the purpose of valuing international intellectual property rights and rules. The goal is to give economists a simple and integrated framework for analyzing intellectual property across time, jurisdiction and regime type, with an eye towards eventually developing other incentive systems that have the advantages of property (such as decentralized decision-making), but fewer of the disadvantages.

This paper summarizes a study, undertaken by Arthur Andersen’s Intellectual Property Group in London, to consider the economic and financial issues, principally as they affect the valuation of intellectual property and its suitability as security. The study encompasses a review of available literature, interviews and discussions, and an analysis of the results of a questionnaire which was distributed to owners and managers of intellectual property. Views were canvassed across industries, of both borrowers and lenders, and also of lawyers and other advisers experienced in the transactions involving intellectual property.

As firms turn their innovation activities toward collaborating with external partners, they face additional challenges in managing their knowledge. While different modes of intellectual property right regimes are applied in closed innovation systems, there seems to be tension between the concepts of “open innovation” and “intellectual property rights”. The purpose of this paper is to investigate how firms best manage knowledge via intellectual property rights in open innovation processes.

Following a mixed methods approach, the authors review relevant literature at the intersection of knowledge management, intellectual property rights, strategic management of intellectual property rights and the open innovation process. The authors identify success drivers through the lenses of – but not limited to – intellectual property rights and classify them in five distinct groups. Expending the view on open innovation beyond its modus operandi, the authors develop the Open Innovation Life Cycle, covering three stages and three levels of the open innovation process. The authors apply their findings to a case study in the pharmaceutical industry.

The authors provide four key contributions. First, existing literature yields inconclusive results concerning the enabling or disabling function of intellectual property rights in open innovation processes, but the majority of scholars detect an ambivalent relation. Second, they identify and classify success drivers of successful knowledge management via intellectual property rights in open innovation processes. Third, they advance literature on open innovation beyond its modus operandi to include three stages and three levels. Fourth, they test their findings to a case study and show how management leverages knowledge by properly using intellectual property rights in open innovation.

The findings support firms in managing knowledge via intellectual property rights in open innovation processes. Management should account for the peculiarities of open innovation preparation and open innovation termination to prevent unintentional knowledge drain.

This is one of the first studies to view open innovation as a process beyond its modus operandi by considering the preparations for and termination of open innovation activities. It also addresses the levels involved in managing knowledge via intellectual property rights in open innovation from individual (personal) to project and firm level.

The study aims to investigate the interplay among digital technologies, intellectual capital and innovation. Thus far, there have been scant research on such intricate bundle of interactions. Also, the findings of previous studies were rather inconclusive, because conflicting results emerged over time. Building on the existence of heterogeneous evidences, this study solved the detected criticism by suggesting a curvilinear relationship among digital technologies, digital skills of human capital and intellectual property. Specifically, we argue that the relationship between digital technologies and intellectual property is inverted u-shaped.

Hypotheses are tested by applying a generalized linear model (GLM) regression analysis and a quadratic model for non-linear regression. The study analysed a large-scale sample of micro-data drawn from Eurostat. Such sample embraces the population of firms operating in all European member states.

Overall, the results of the study confirm that digital technologies are curvilinearly related to intellectual property. Precisely, the curve is inverted u-shaped. Notably, results show that digital skills only matter when employees have very demanding duties to accomplish. In all other cases, digital skills do not affect intellectual property significantly.

The research is solely focused on firms' operating in the European Union. Future studies should extend the analysis to other geographies.

At a real impact level, the study suggests that intellectual property is only partially fostered by digital skills and digital technologies. In this sense, digital skills might be overrated.

Differently from prior research, this study originally detangles the impact of digital technologies on firm's intellectual capital by suggesting the existence of an inverse u-shaped relationship between variables.

Although a large number of Arab countries are members of the World Trade Organisation and the Agreement on Trade‐Related Aspects of Intellectual Property Rights, most of these countries were unable to structure a national intellectual property protection regime which takes into consideration their development plans. The purpose of this paper is to shed light on the history of Arab countries' participation in multilateral trade and intellectual property negotiations and calls for the maximum utilisation by these countries of the intellectual property policy space available to them under international law.

The paper draws from the texts of international agreements and from the available literature on intellectual property. The paper also makes use of various international reports and studies on intellectual property and development.

The paper argues that due to the minimal participation and involvement by Arab countries in international trade and intellectual property negotiations, officials in these countries lacked deep knowledge and understanding about the technical and legal issues engulfing the regulation and implementation of intellectual property. The paper finds that those countries mostly active in negotiations were more able to capitalise on the system and to benefit from the available policy space in terms of national development. Finally, the paper provides recommendations aimed towards enhancing the policy space and utilising intellectual property for development purposes.

These findings are important for policy makers, officials and those interested in understanding the relation between intellectual property protection and development and how developing and Arab countries would be able to maximize the benefits from the international protection regime.

The purpose of this paper is to examine the transatlantic trade and investment partnership (TTIP). The EU and the USA are negotiating the TTIP, a trade agreement that aims to remove trade barriers across different economic sectors to increase trade between the EU and the USA. The TTIP will have spill over effects on the MENA region, the GCC, Australia and the Asian sub-continent, as it raises key questions for intellectual property and international trade agreements. For instance, will the USA and EU be on an equal footing or will one triumph over the other, will third party countries like the GCC states be expected to adopt new standards.

The research design is a paper and online data collection method to find literature to date on intellectual property law development in the GCC states in relation to the three research objectives as set out above. The literature is the population, and this could prove problematic. Different databases have been used to cover all sources where data can be found.

As the EU-USA TTIP is aiming to conclude by the end of 2015, the GCC has an opportunity to reassess its relationship with both the EU and GCC. Up until now, the GCC was able to enter into negotiations with the EU and USA relatively independently. However, where the EU and USA can agree, there will be a harmonisation of regulations. This therefore has repercussions for the GCC. The TTIP has three main aims: to increase trade and investment through market access, increase employment and competitiveness and create a harmonised approach to global trade. To harmonise global trade, the EU and USA aim to harmonise their intellectual property rights through an intellectual property rights chapter that deals specifically with enhancing protection and recognition for geographical indications, build on TRIPS and patentability.

This study is non-empirical.

The TTIP will have spill over effects for the GCC, as it has yet to finalise the EU-GCC free trade agreement and USA-GCC framework agreement. The power dynamics between the USA and EU will be a deciding factor on the intellectual property chapter in the TTIP in terms of what the provisions for intellectual property will look like and what powers will be available to investors to bring investor-state-dispute settlement claims against foreign countries.

The paper aims to focus on the needs of the digital library.

Digital library intellectual property right evaluation and method, application scope of commonly used methods, and digital library copyright evaluation and method are analyzed and discussed in the paper.

The paper finds that, for the electronic resources, the number of copiers, the term of usage, quantity of information, copyright, and the contract with authors should be considered; for technologies used in the digital library, the evaluation should cover the novelty, inventiveness, usefulness, and the access mode. In addition, the quantitative and qualitative should be combined with experience to evaluate virtual library resources and actual resources with stable right of use.

The paper provides recommendations on digital library intellectual property rights evaluation and methods.

The purpose of this paper is to illustrate how the emergent properties perspective from the field of biology can be applied to the field of intellectual capital. Much attention has in recent years been directed towards problems of accounting for intellectual capital and how the value of intellectual capital at one level of an organization influences the value of intellectual capital at higher or lower levels of the organization.

Through a literature review an emergent properties framework was developed. This framework was applied to an intellectual capital perspective with empirical illustrations.

In this paper, it is argued that the inherent difficulties of understanding the interdependencies of intellectual capital across different levels of an organization can be traced to a lack of understanding of the differences between synergetic effects, causal relationships and emergent properties. The paper illustrates through examples how an emergent properties perspective can be mobilized in relation to the field of intellectual capital.

The paper is conceptual in nature and reports the theoretical propositions from an ongoing empirical project. The lack of empirical content limits the strength of the conclusions.

The paper is a step in the direction of enhancing the understanding of the different levels of intellectual capital by applying the biological perspective of emergent properties. Although this perspective in itself may not constitute a general testable theory of intellectual capital, it is the hope, at least, that it may provoke thought, development and further research in this field.

The study aims to explore the interplay between open innovation and intellectual property. Differently from previous studies, we argue that open innovation fosters firm's patenting activity.

We use linear regression analysis to test model's hypotheses. Data are drawn from the Eurostat statistics and refer to a large sample of European firms (NACE Rev.2).

The findings confirm that open innovation fosters patenting activity in health care, also thanks to huge governments' expenditures in this market.

The study focuses solely on European firms and it adopts a traditional linear approach. So, we cannot exclude that different dynamics may occur across European borders. Future research should address this concern by focusing on multi-country comparative studies.

Open innovation is the most suitable model for health industry, because it improves both innovation performance and intellectual capital of firms.

The study tackles an existing gap of the literature by considering how the presence of large customers impacts the strength of intellectual property protection.