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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 start with…

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

Article
Publication date: 9 October 2017

Peter M. Bican, Carsten C. Guderian and Anne Ringbeck

As firms turn their innovation activities toward collaborating with external partners, they face additional challenges in managing their knowledge. While different modes of…

4828

Abstract

Purpose

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.

Design/methodology/approach

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.

Findings

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.

Practical implications

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.

Originality/value

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.

Details

Journal of Knowledge Management, vol. 21 no. 6
Type: Research Article
ISSN: 1367-3270

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: 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 a…

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: 27 March 2009

Moe Alramahi

The purpose of this paper is to clarify the legal status of domain names from both a contractual and a property right perspective, and to consider whether domain names are to be…

438

Abstract

Purpose

The purpose of this paper is to clarify the legal status of domain names from both a contractual and a property right perspective, and to consider whether domain names are to be considered as a new form of property, in particular as virtual property.

Design/methodology/approach

The paper approaches the topic from contractual perspective. It then examines the concept and various property law theories. This is followed by an analysis to the intangibility of domain names and the appropriate category of protection.

Findings

Domain names are creatures of contract and contract law will provide some form of protection. According to the bundle of rights theory, domain names are intangible property with limitations. Some names are very valuable but nevertheless attract no protection beyond contractual rights. These names should be clothed with property rights protection. The relevant form of property rights is still contentious issue.

Originality/value

The nature of rights over domain names is a key emerging issue in the area of information technology law, with little to guide lawyers and judges. There is currently no consensus on what the legal status of a domain name is and opinions vary about the nature of these rights. The paper offers an insight to the nature of rights in an attempt to further the protection and recognition of rights over domain names.

Details

Journal of International Trade Law and Policy, vol. 8 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 1 September 1997

Mark Bezant

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…

2596

Abstract

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.

Details

Journal of Knowledge Management, vol. 1 no. 3
Type: Research Article
ISSN: 1367-3270

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

Article
Publication date: 25 November 2013

Kenneth Himma

The purpose of this paper is to consider arguments both for and against intellectual property (IP) rights that are premised on each of two conceptions of the information commons…

1473

Abstract

Purpose

The purpose of this paper is to consider arguments both for and against intellectual property (IP) rights that are premised on each of two conceptions of the information commons that attributes either moral value or disvalue to its preservation.

Design/methodology/approach

The methodology is the philosophically standard one of reflective equilibrium. The author considers the argument for a morally protected information commons that is grounded in Locke's famous proviso limiting original acquisition of material property to situations that leave enough of the resource to others and Hardin's famous argument that holding material property in common leads to overuse and depletion – a Tragedy of the commons. In particular, the arguments are evaluated according to whether they cohere with ordinary foundational commitments.

Findings

The author argues that neither conception of the commons is directly applicable to information objects and hence is relevant with respect to the issue of whether legal protection of IP rights is morally justified.

Originality/value

The identification of key differences between material objects and information objects that shows the irrelevance of these two leading conceptions in resolving the general issue of whether legal protection of IP rights is justified.

Details

Journal of Information, Communication and Ethics in Society, vol. 11 no. 4
Type: Research Article
ISSN: 1477-996X

Keywords

Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…

9274

Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

Keywords

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