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Book part
Publication date: 1 October 2007

Jonathan Putnam

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…

Abstract

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.

Details

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

Book part
Publication date: 1 October 2007

Mattias Ganslandt

Intellectual property rights and competition policy are intimately related. In this chapter I survey the economic literature analyzing the interaction between intellectual

Abstract

Intellectual property rights and competition policy are intimately related. In this chapter I survey the economic literature analyzing the interaction between intellectual property law and competition law and how the boundary between these two policies is drawn in practice. Recognizing that intellectual property rights and competition law can interact in many different ways, the presentation focuses on several key issues. The economic literature on the interaction between competition law and intellectual property rights shows that these regulatory systems are consistent in terms of basic principles. Significant tensions exist, however, and it is difficult to balance IPR and competition law in practice. The significant differences in approach between the United States and the European Union simply reflect the underlying reality that efforts to achieve a sensible balance do not result in policy harmonization.

Details

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

Article
Publication date: 13 February 2017

Nadia Naim

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…

Abstract

Purpose

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.

Design/methodology/approach

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.

Findings

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.

Research limitations/implications

This study is non-empirical.

Originality/value

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.

Details

International Journal of Law and Management, vol. 59 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

Book part
Publication date: 27 April 2004

Constance E. Bagley and Gavin Clarkson

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…

Abstract

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.

Details

Intellectual Property and Entrepreneurship
Type: Book
ISBN: 978-1-84950-265-8

Article
Publication date: 14 September 2010

Mohammed El Said

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…

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Abstract

Purpose

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.

Design/methodology/approach

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.

Findings

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.

Originality/value

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.

Details

Journal of International Trade Law and Policy, vol. 9 no. 3
Type: Research Article
ISSN: 1477-0024

Keywords

Book part
Publication date: 14 August 2015

Liam Séamus O’Melinn

This paper argues that the revolution in intellectual property rights is not forward-looking, but backward looking, and that it is not consonant with the purposes of the…

Abstract

This paper argues that the revolution in intellectual property rights is not forward-looking, but backward looking, and that it is not consonant with the purposes of the patent and copyright clause. It is animated by the theory of common law copyright, which deliberately reconceptualizes social relations in order to recast them as property, and which has been with us for centuries. This paper investigates the “mythology of common law copyright,” showing how this reconceptualization has worked both historically and in the present day to push the law in a direction that is ostensibly author-centered, but is actually focused on the rights of intermediaries.

Details

Special Issue: Thinking and Rethinking Intellectual Property
Type: Book
ISBN: 978-1-78441-881-6

Keywords

Article
Publication date: 1 January 2000

Melvin Simensky and Lisa A. Small

Intellectual property owners put themselves at a competitive disadvantage if they rely only on traditional insurance policies to manage risk.

Abstract

Intellectual property owners put themselves at a competitive disadvantage if they rely only on traditional insurance policies to manage risk.

Details

Handbook of Business Strategy, vol. 1 no. 1
Type: Research Article
ISSN: 1077-5730

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…

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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

Book part
Publication date: 16 September 2022

Eugene E. Mniwasa

This chapter examines the potential and limitations of criminal law as a policy tool for fighting against the trade in counterfeit goods in Tanzania. It uncovers major…

Abstract

This chapter examines the potential and limitations of criminal law as a policy tool for fighting against the trade in counterfeit goods in Tanzania. It uncovers major challenges involved in tackling the counterfeiting business in Tanzania using criminal law. The chapter shows that counterfeit goods have infiltrated many supply chains in Tanzania. Both law-related and non-law factors drive the counterfeit goods trade. The counterfeiting business affects consumers, traders, the economy and the general society in Tanzania. The counterfeiting business presents serious societal risks during the crises such as the COVID-19 pandemic owing to the possible infiltration of counterfeit pharmaceuticals into the medical supply chain. Criminal law is part of Tanzania's legal embodies for fighting against the counterfeit goods trade. Both law-related and non-law limitations and challenges undermine the efficacy of criminal law in tackling the trade in counterfeit goods in Tanzania. The chapter recommends policy, legal and institutional reforms that will help to augment the efficacy of the anti-counterfeiting legal regime in Tanzania.

Details

Counterfeiting and Fraud in Supply Chains
Type: Book
ISBN: 978-1-80117-574-6

Keywords

Article
Publication date: 1 April 2003

Georgios I. Zekos

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination…

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Abstract

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.

Details

Managerial Law, vol. 45 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

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