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The objectives of the case study are to provide an overview of intellectual property rights and intellectual property rights in Indian context; understand the intellectual property rights implementation and challenges for implementing it in emerging economies; understand what would be the best approach that companies can adopt when the companies face backlash in such circumstances; and explore the scope for redefining the intellectual property rights in the changing global environment.

In December 2021, the Protection of Plant Varieties and Farmers’ Rights Authority (PPV&FRA) in India revoked the plant variety protection (PVP) certificate granted to PepsiCo India Holding (PHI) for its Lays variety potato (FL-2027, known as FC-5). The FC-5 variety possessed low moisture content which made it suitable for making potato chips. The controversy started with Pepsi suing the small and marginal farmers of Gujarat for alleged patent infringement and cultivating the patented variety. Pepsi’s legal suit against nine marginal potato farmers in Gujarat initiated the dispute over how intellectual property (IP) rights are used to intimidate small, marginal farmers and its infringement of farmers’ rights. But, on the other side, the interesting aspect was how IP infringement could be a setback for the companies that made the capital investment to develop the variety. The case study discusses the backlash Pepsi faced due to this IP rights legal suit and the punitive aspects of IP rights (IPR) law. Moreover, in the context of the global pandemic, the case study helped discuss the need to redefine the intellectual property rights regime keeping in mind global welfare.

The case is intended for use in postgraduate-level management courses in agricultural marketing, agribusiness, international business and economics. This study can help management students understand how IPR is defined, the apparent complexities associated with it and the adverse effect of it on small and marginal farmers in emerging economies.

Teaching notes are available for educators only.

CSS 5: International business.

Since 2015, China has made efforts to reform its intellectual property rights (IPR) system to better protect and stimulate innovation. These reforms are a result of the demand for more stringent intellectual property (IP) protection from China’s domestic, innovative industries and a measure to ease the pressure exerted by its foreign trading partners, particularly against the background of the US-China trade dispute that started at the beginning of 2018. This paper summarizes these reforms and their implications.

This paper combines a variety of sources, including academic articles, government websites, news reports, industry surveys and expert opinions, to offer insights in China’s IPR system and its recent reforms.

This paper summarizes and discusses (1) the state’s law amendments, including the 2015 amendment of the “Law on Promoting the Transformation of Scientific and Technological Achievements”, the second amendment of the “Anti-Unfair Competition Law” with regard to trade secret protection, the fourth amendment of the “Patent Law”, and the legislations and regulations addressing the criticisms of the US administration over China’s so-called “forced” technology transfer policies; (2) the establishment of the specialized IP courts and tribunals since 2014; (3) the restructuring of the State IP Office; and (4) the issuing of an “Outline for Building an IPR Powerhouse (2021–2035)”.

This paper highlights China’s efforts to make its IPR system stronger and more just. It also discusses international observers’ reactions and pinpoints specific areas for further improvement.

The purpse of this study is to examine sustainable technology development (STD) during the “Valley of Death” phase encountered by university startups undertaking intellectual property rights (IPR) commercialisation.

A comprehensive literature review was conducted after searching for relevant documents across multiple databases. Semi-structured interviews with university startup founders were also conducted as part of a qualitative case study.

This study resulted in two significant findings. First, the Valley of Death has been redefined in the specific context of IPR commercialisation by university startups. Second, the sustainable technology development framework (STDF) has been conceptualised to enhance the success rate of IPR commercialisation by university startups. The authors also identified three essential components of STD in the context of university startups: market development, technical efficiency and business sustainability.

This exploratory research involved a thorough literature analysis. Given that only one qualitative case study was conducted, data saturation was not achieved. Further empirical research is needed to validate the conceptualised STDF.

The validated STDF will be a useful tool for enhancing the success of IPR commercialisation by university startups.

While others have focused on innovating business models, this study focused on an underexplored area: the sustainability of technology development during the commercialisation of IPR by university startups during the Valley of Death phase.

This study aims to empirically investigate how difference in social trust explains the heterogeneity of intellectual property right (IPR) protection (proxied by software piracy rate) across countries. Specifically, the authors also examine whether this effect is complementary or substitute to legal and economic factors.

The authors use both ordinary least square and two-stage least square regressions to investigate this effect.

The authors find that there is also a complementary effect between trust and rule of law in reducing the violation of IPRs.

Although the literature by now has documented the solid relationship between trust and the quality of formal institutions, only few studies have explored more specific measures of institutional consequences. Thus, this study is the first study investigating the role of trust, a valuable social capital dimension, on IPR protection.

Protection of intellectual property (IP) is important to leverage its commercial potential. This study aims to examine and comprehend the level of understanding of intellectual property rights (IPR) among Indian academics. The study covers three main aspects – awareness level of IP among Indian academics, comprehending if the current state of knowledge about IP is useful for commercialization and whether the current knowledge of IP activities among Indian academics is sufficient to support their professional career and generate revenues from their inventions.

A structured methodology was contemplated and applied. A cross-sectional study with a convenience sampling method was adopted. The duration of the study was six months from March to August 2021. A total of 500 Indian academics were approached, of which 116 responded with a response rate of 23.4%. A structured questionnaire was administered to the participants to understand their level of knowledge about IP. Furthermore, the data analysis was performed based on descriptive analysis.

The study findings revealed that the awareness among the participants about IP was minimal. The underlying reasons could be academics did not focus on generating IP through novel research, awareness of basic knowledge about IP was considerably low and inadequate to support their professional career, primary focus was on which publications are considered as one of the important criteria for performance management, national policies do not encourage collaborative research between university and industry that may lead to potential IP generation and the Indian academic set-up expects multitasking by its faculty members.

To the best of the authors’ knowledge, this paper is an original contribution, based on the study carried out by the authors to understand the awareness of IP activities among Indian academics.

The scholarly debate regarding the impact of inward foreign direct investment (FDI) on entrepreneurship remains inconclusive. This study aims to tackle this discrepancy by positing that the relationship between inward FDI and entrepreneurship in the host nation is not deterministic but is moderated by intellectual property rights (IPR) infringement hazards. These hazards are postulated to dictate the level of knowledge spillovers from inward FDI, thereby affecting entrepreneurial activities.

This study uses panel data regression analysis using data spanning 30 Chinese provinces from 2010 to 2018. The Hausman test results rejected the null hypothesis, recommending the use of the fixed-effects estimator over the random-effects one for statistical consistency. Therefore, the fixed-effects estimator is used to test the hypotheses.

The study’s analysis reveals that the main effect of inward FDI on entrepreneurship is statistically insignificant. However, once IPR infringement hazards are introduced to the model as a moderator, the main effect turns statistically positive and significant. Notably, the positive main effect diminishes as IPR infringement hazards increase.

Highlighting the role of IPR infringement hazards as a moderator, this research unveils the nuanced relationship between inward FDI and entrepreneurship, thereby addressing the ongoing theoretical debate. This study demonstrates that knowledge spillovers from inward FDI are not automatic but depend on concerns about IPR infringements in the host nation. The resultant spillovers are then translated into entrepreneurial activities.

This study considers the “technology creation” characteristic of technical knowledge-intensive business services (T-KIBS) and examines how human capital and intellectual property rights (IPR) protection affect the location choice of foreign direct investment (FDI) in China for two types of T-KIBS: (1) information transmission, software and information technology (ICT) services and (2) scientific research and technology (SCI) services.

Our empirical analysis is based on panel data on 22 Chinese provinces from 2009 to 2017. We use the generalized method of moments estimation for the regression analysis.

FDI in ICT services prefers regions with high human capital, while FDI in SCI services favors regions with good IPR protection.

Future research could use more comprehensive data and qualitative interviews to enhance the findings.

These findings provide a foundation for China’s future policy on attracting FDI into T-KIBS, especially in areas related to human capital and IPR protection.

This study bridges the research gap on the FDI location choice of T-KIBS in China by clarifying the influences of human capital and IPR protection and providing theoretical support for the location choice of T-KIBS FDI.

This study aims to inspect the impact of Chief Executive Officers’ (CEOs) education in a “specific field,” such as CEOs with science and engineering backgrounds on firms’ innovation. Based on agency theory, this study also reports how an endogenous factor, i.e. CEOs’ compensation, and an exogenous factor such as intellectual property rights (IPR), moderate the CEOs with a scientific background (CEOSB)-innovation relationship.

This study uses a sample of Chinese nonfinancial firms listed on the Shanghai and Shenzhen Stock Exchanges from 2008 to 2018 by applying the ordinary least squares regression method. To deal with the endogeneity issues, this study also performs a series of additional tests.

The results indicate that the effects of CEOSB on the firm innovation activities are positive and significant. Further, this study finds that CEOs’ compensation and IPR protection positively and significantly moderate the CEOSB-innovation relationship. These outcomes are robust to a series of additional tests.

The results of this study have valuable implications for various stakeholders interested in stimulating innovation. To sum up, the results of this study inculcate these stakeholders that the enhancement of firm innovation is contingent on the appropriate selection of CEOs, effective compensation packages and IPR regulations.

Distinct from the existent studies, the focus of the study is on the perspectives of CEOs’ scientific backgrounds. Further, based on agency theory, this study also reports how CEOs’ compensation and IPR protection moderate the CEOSB-innovation relationship, which has not been tested earlier to our knowledge, especially in the context of an emerging economy like China.

Commercial entities have recently expressed growing interest in commercialising indigenous knowledge (IK) due to its enormous economic and intrinsic value. As this happens, custodial communities must not be disadvantaged in the process. This paper aims to understand the legal framework of the commercialisation of IK to identify the opportunities and factors impeding or affecting the commercialisation of indigenous knowledge in Kenya.

The study used a qualitative research approach. An extensive exploratory literature review of existing legal instruments was done to establish the progress and gaps for commercialising indigenous knowledge in Kenya.

The study shows that the legal framework of IK in Kenya is inadequate. There are no well-established frameworks and policies to protect IK in Kenya, and thus, host communities are subjected to exploitation. The diversity of tribes and communities makes it challenging to have a clear framework, mainly because IK is a devolved function. The study identifies the Protection of Traditional Knowledge and Cultural Expressions Act 2016, The National Museums and Heritage Act 2006 and the Natural Products Industry as the key milestones towards commercialisation of IK, while inadequate documentation of IK, communal ownership and inadequate legislation were identified as the main impediments to commercialisation of IK in Kenya.

Owing to the diverse cultures and tribal communities in Kenya, the research could not access all the literature on all traditional IK in Kenya, and very few case studies have been conducted in Kenya.

The gaps identified in the legal framework can form a basis for legislation, policy change, actions and research needed to improve the commercialisation of IK.

The paper underscores the importance of balancing economic empowerment with preserving cultural integrity and protecting indigenous rights in commercialisation.

Principally, this study aims to test a conceptual framework of the moderating influence of fear of COVID-19 on the following hypothesized relationships (1) quality of work life and bankers' commitment, (2) the mediating spillover effect of job satisfaction in the quality of work life (QWL) and affective commitment relationship.

A quantitative cross-sectional research design is adopted on 318 bankers chosen from four prominent Indian cities. The mediation model is tested through SPSS, PROCESS macro, and AMOS. Conditional process modeling is also administered to test the moderating effect of fear of COVID-19.

The results suggest that the positive effect of QWL on commitment is completely mediated through job satisfaction. Further, the fear induced by COVID-19 negatively moderated the positive direct relation of QWL with commitment and the positive mediating spillover effect of job satisfaction.

The present research is virtually the first to introduce fear of COVID-19 as a psychological construct, to test a moderated mediation model for implications to organizational behavior and human psychology theory and practice. In coalescence of the need satisfaction, spillover, and COR theories, the authors postulate that as spillover between the domains of an individual's life (work, social, financial, personal, and overall life satisfaction) occurs, such effect is calibrated (augmented or attenuated) by the degree of risk/threat/depletion of their resources in the quest for attaining higher valued resources (overall life satisfaction). The moderated mediation mechanism is suggested for replication in other avenues for greater generalizability.