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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…

3038

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

Katerina Toshevska-Trpchevska, Irena Kikerkova, Elena Makrevska Disoska and Ljuben Kocev

Trade in counterfeit products has been expanding continuously. The emergence of the internet, the process of globalisation as well as the increase of digitalisation have enabled…

Abstract

Trade in counterfeit products has been expanding continuously. The emergence of the internet, the process of globalisation as well as the increase of digitalisation have enabled counterfeit products to infiltrate legitimate supply chains, causing harm not only to national economies but also to holders of intellectual property rights (IPR). In this chapter, we analyse the possible solutions that holders of IP rights and their legal representatives have in their fight against the online sale of counterfeit products. To elaborate on this issue, first, we explain the legislation on an international level for IPR protection and its specific characteristics. We explain the conventions on the protection of IPR that are governed by the World Intellectual Protection Organisation (WIPO) and the provisions of the TRIPS (Trade-Related Intellectual Property Rights) Agreement governed by the World Trade Organisation (WTO). We also analyse the national legislative procedure of protecting and enforcing IPR in North Macedonia to explain a possible solution to fight online counterfeit trade. As a case study of this chapter, we explain the work of the Online Enforcement Programme of REACT as a not-for-profit organisation with over 30 years of experience in the fight against counterfeit trade and the challenges that they have in fighting against the online sale of counterfeit products. Since IP law is territorial in its nature as a conclusion, we suggest that a more centralised approach is needed in the fight against the online sale of counterfeit products.

Details

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

Keywords

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 property

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

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 of…

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

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 regime…

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: 15 February 2023

Parul Gupta, Simran Wadhwa and Sumedha Chauhan

This paper aims to analyze the scholarly approach to examine the issues at the intersection of intellectual property rights (IPRs) and human rights (HRs) and ways to address, to…

Abstract

Purpose

This paper aims to analyze the scholarly approach to examine the issues at the intersection of intellectual property rights (IPRs) and human rights (HRs) and ways to address, to examine broad categories of approaches used by the scholars in examining this conflict, their justification and to provide concrete directions for HRs framework of intellectual property.

Design/methodology/approach

The study conducted systematic literature review of 94 research articles published between 1996 and 2021, focusing on cross roads between IPRs and HRs.

Findings

The in-depth content analysis of 94 published research papers revealed the polarization of scholarly opinion on the HRs perspective of IPRs.

Originality/value

Very limited efforts were made in past to synthesize and organize scholarly research on the conflict between IPRs and HRs covering the right to education, to access information, to food, etc. besides the right to health care. This study synthesized and analyzed the scholarly research on the crossroad between IPRs and HRs, revealed critical conflict areas and collated the justifications of opposing approaches to provide inputs to international organizations, policymakers and governments for the enforcement of IPRs from the perspective of HRs.

Details

Digital Policy, Regulation and Governance, vol. 25 no. 3
Type: Research Article
ISSN: 2398-5038

Keywords

Article
Publication date: 11 December 2017

Se Ho Cho and Hyun Gon Kim

The purpose of this paper is to assess the role of firms’ internationalization on the relationship between intellectual property right (IPR) protection and their technological…

1394

Abstract

Purpose

The purpose of this paper is to assess the role of firms’ internationalization on the relationship between intellectual property right (IPR) protection and their technological innovation. While recent studies provide a negative relationship between IPR protection and technological innovation, this paper argues that firm’s internationalization weaken the negative relationship. This research is a meaningful step to clarify the theoretical conflict and empirical ambiguity of the effect of IPR protection on technological innovations.

Design/methodology/approach

This paper empirically analyzes the theoretical arguments with 204 US firms, which registered their patents in the United States Patent and Trademark Office and have been listed in the Compustat database between 2007 and 2010.

Findings

The paper suggests that IPR protections brings more benefit to firms with high multinationality and are more export-oriented in terms of developing technological innovation, whereas the effects of international knowledge stock is unclear in the relationship between IPR protection and technological innovation.

Research limitations/implications

This study shows the effects of internationalization factors, which provide the benefits of cost efficiency and of more resource accessibility on the relationship between IPR protection regime and a firm’s technological innovation. The implication for policy makers and firm managers is that utilizing internationalization resources and capabilities is essential in developing their firms’ technological innovation under a strong IPR protection.

Originality/value

This paper enriches the literature of IPRs and offers the direction for future research on how a firm’s internationalization matters in its innovative activities under IPR protection.

Details

Multinational Business Review, vol. 25 no. 4
Type: Research Article
ISSN: 1525-383X

Keywords

Article
Publication date: 4 July 2016

Huiying Zhang and Xiaohui Yang

This paper aims to investigate the impact of intellectual property rights (IPR) protection on its ability to enhance domestic export quality.

Abstract

Purpose

This paper aims to investigate the impact of intellectual property rights (IPR) protection on its ability to enhance domestic export quality.

Design/methodology/approach

This paper provides a testable framework to explain the impact of IPR protection on export quality. Research and development (R&D) spending and foreign direct investment (FDI) are positively correlated with a country’s export quality. Furthermore, intellectual property protection can induce more FDI and R&D spending. Therefore, the authors expect that there may be an indirect relationship between intellectual property protection and export quality (Figure 1).

Findings

The empirical results suggest that the influence paths of IPR protection on export quality are different between developed and developing countries. FDI plays a mediating role in the relationship between IPR protection and export quality in developing countries, while this mediating effect in developed countries is dependent on R&D and FDI. In addition, this impact is statistically significant in high-technology industries. Especially, IPR protection plays an extraordinary important role in enhancing the export quality of differentiated high-technology products.

Originality/value

This paper contributes to the literature in several ways. First, this is the first empirical analysis focusing on the influence path of IPR protection on export quality. The authors find that the hypothesis is supported by the positive and significant interaction coefficients of IPR protection with FDI and R&D. Second, the authors explore that the influence path of IPR protection on export quality may vary with the level of economic development. Third, this paper examines the effect of IPR protection on export quality in different industries.

Details

International Journal of Development Issues, vol. 15 no. 2
Type: Research Article
ISSN: 1446-8956

Keywords

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, the…

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

Article
Publication date: 1 June 2012

Hua Wang, Mingyong Lai and Maxim Spivakovsky

Following the controversy regarding the effects of stronger intellectual property rights (IPR) on technological innovation, the purpose of this paper is to systemically examine…

1117

Abstract

Purpose

Following the controversy regarding the effects of stronger intellectual property rights (IPR) on technological innovation, the purpose of this paper is to systemically examine the relationship between IPR and technological innovation under the North‐South analytical framework.

Design/methodology/approach

Using panel data from 27 developed countries and 57 developing countries, this paper operates the empirical examination on determinants of technology innovation in an open economy by separated sample of the North and the South. The paper adopts the instrumental variable (IV) estimation to handle the possible endogenous problem caused by IPR variable.

Findings

This paper finds that the threshold effects of stronger IPR on innovation depended on the initial IPR level. Neither too strong IPR nor too weak IPR are conducive to innovation. Furthermore, the optimal level of IPR in developed countries is higher than that of developing countries; this difference implies that adoption of IPR standard of developed countries may be inefficient for developing countries.

Originality/value

The authors' empirical results uncover new empirical evidence to support “the optimal IPR hypothesis” and provide this field with more detailed and reliable empirical evidence.

1 – 10 of 717