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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…

2907

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: 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

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…

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

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

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: 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…

946

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.

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

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…

1233

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: 11 November 2009

Peggy E. Chaudhry, Jonathan R. Peters and Alan Zimmerman

The major findings of this exploratory research are that a firm’s level of market commitment through future investments will increase in strategically important markets…

Abstract

The major findings of this exploratory research are that a firm’s level of market commitment through future investments will increase in strategically important markets, regardless of high consumer complicity to purchase fake goods; that companies will employ additional anti‐counterfeiting tactics in markets with a high level of pirates and a high degree of enforcement of its intellectual property rights; and that companies employ a standardized approach of anti‐counterfeiting tactics targeted at consumers.

Details

Multinational Business Review, vol. 17 no. 4
Type: Research Article
ISSN: 1525-383X

Keywords

Article
Publication date: 1 January 2007

Mike Berrell and Jeff Wrathall

The purpose of this paper is to examine aspects of the social, cultural, political and legal architecture of intellectual property rights (IPR) in China. The paper aims to…

5031

Abstract

Purpose

The purpose of this paper is to examine aspects of the social, cultural, political and legal architecture of intellectual property rights (IPR) in China. The paper aims to identify inhibiting and facilitating factors in the Chinese environment as they pertain to establishing of a workable regime for IPR in China. The paper also offers some practical strategies that foreign managers can employ to reduce the risk of piracy of intellectual property (IP) in China.Design/methodology/approach – A literature review of the main influences on the formation of Chinese attitudes to IPR are identified and discussed. Against this background, a model for the establishment of a new regime for IPR in China is proposed.Findings – While the cultural architecture of IPR in China is often identified as the major influence on the level of IP piracy, other aspects of the Chinese political, business and social environment may actually facilitate the acceptance of, and respect for, IPR. Indeed, the experience of Taiwan in building new norms for IPR suggests that a new regime for IPR in China is clearly possible. This is because new norms of respect for IPR can emerge when sufficient facilitating factors are present in the environment. Nevertheless, while the potential to reduce IP piracy exists, foreign managers must continue to remain vigilant in the marketplace and use a combination of strategies to protect IP as new norms of respect for IPR emerge in the coming period.Research limitations/implications – Foreign managers in China can gain significant advantages by understanding the deeper influences of the social, cultural, political and legal architecture on the formation of attitudes to IP and IPR in China. Through such knowledge, this group will be better equipped to contribute to the process of establishing new norms of respect for IPR in China in the medium term.Practical implications – This study contributes to the literature on IPR in China. Armed with this knowledge, foreign managers are better placed to negotiate the difficult and complex Chinese business environment.Originality/value – This paper presents a model for developing a workable IPR regime in China and describes low‐cost strategies to reduce the current level of IP piracy.

Details

Management Research News, vol. 30 no. 1
Type: Research Article
ISSN: 0140-9174

Keywords

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