scholarly journals Comparative Perspectives on Specialised Intellectual Property Courts: Understanding Japan's Intellectual Property High Court Through the Lens of the US Federal Circuit

2021 ◽  
pp. 1-21
Author(s):  
David Tilt
Keyword(s):  
Comparative Analysis ◽  
Intellectual Property ◽  
Comparative Investigation ◽  
Patent Law ◽  
Japanese Patent ◽  
The Us ◽  
Institutional Impact ◽  
Double Track ◽  
The Impact

Abstract This article develops a comparative analysis of specialised courts in intellectual property across both Japan and the US. This article considers the IPHC through the lens of the CAFC to investigate the differing institutional impact and illuminate the most pressing issues in Japanese patent law that have emerged as a result of transplanting this specialised court. Rather than a more conventional analysis of the implementation of these institutions, this article focuses instead on a comparative investigation of the soft law elements that have significantly influenced their effectiveness, providing a different insight on the relationship between these institutions and their broader contextual impact. The main findings of the comparative analysis are found in two primary areas – the impact of specialised courts on the consistency and reliability of patent law; and secondly, recommendations regarding the potential reform of Japanese patent law as it relates to the role of the IPHC. In terms of reform, this article analyzes the double-track problem in Japanese patent law and the key role that, with some modification to the court/patent office relationship, the IPHC could play in addressing this issue with a more fundamental realignment of patent law with its Continental history.

The Impact of In-group Favoritism on Trade Preferences

2017 ◽  
Vol 71 (4) ◽  
pp. 827-850 ◽  
Author(s):  
Diana C. Mutz ◽  
Eunji Kim
Keyword(s):  
Well Being ◽  
Population Based ◽  
Trading Partner ◽  
Relative Advantage ◽  
Trade Policies ◽  
Partner Country ◽  
The Us ◽  
Trade Preferences ◽  
The Impact

AbstractUsing a population-based survey experiment, this study evaluates the role of in-group favoritism in influencing American attitudes toward international trade. By systematically altering which countries gain or lose from a given trade policy (Americans and/or people in trading partner countries), we vary the role that in-group favoritism should play in influencing preferences.Our results provide evidence of two distinct forms of in-group favoritism. The first, and least surprising, is that Americans value the well-being of other Americans more than that of people outside their own country. Rather than maximize total gains, Americans choose policies that maximize in-group well-being. This tendency is exacerbated by a sense of national superiority; Americans favor their national in-group to a greater extent if they perceive Americans to be more deserving.Second, high levels of perceived intergroup competition lead some Americans to prefer trade policies that benefit the in-group and hurt the out-group over policies that help both their own country and the trading partner country. For a policy to elicit support, it is important not only that the US benefits, but also that the trading partner country loses so that the US achieves a greater relative advantage. We discuss the implications of these findings for understanding bipartisan public opposition to trade.

scholarly journals Does intellectual property rights protection affect UK and US outward FDI and earnings from FDI? A sectoral analysis

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Glauco De Vita ◽  
Constantinos Alexiou ◽  
Emmanouil Trachanas ◽  
Yun Luo
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Economic Activity ◽  
Outward Fdi ◽  
Content Type ◽  
Intellectual Property Rights Protection ◽  
The Us ◽  
Disaggregated Data ◽  
The Impact

PurposeDespite decades of research, the relationship between intellectual property rights (IPRs) and foreign direct investment (FDI) remains ambiguous. Using a recently developed patent enforcement index (along with a broader IPR index) and a large sectoral country-to-country FDI dataset, the authors revisit the FDI-IPR relationship by testing the impact of IPRs on UK and US outward FDI (OFDI) flows as well as earnings from outward FDI (EOFDI).Design/methodology/approachThe authors use disaggregated data for up to 9 distinct sectors of economic activity from both the US and UK for OFDI flows and EOFDI, for a panel of up to 42 developed and developing countries over sample periods from 1998 to 2015. The authors employ a panel fixed effects (FE) approach that allows exploiting the longitudinal properties of the data using Driscoll and Kraay's (1998) nonparametric covariance matrix estimator.FindingsThe authors do not find any consistent evidence in support of the hypothesis that countries' strength of IPR protection or enforcement affects inward FDI, or that sector of investment matters. The results prove robust to sensitivity checks that include an alternative broader measure of IPR strength, analyses across sub-samples disaggregated according to the strength of countries' IPRs as well as developing vs developed economies and an extended specification accounting for dynamic effects of the response of FDI to both previous investment levels and IPR (patent) protection.Originality/valueThe authors make use of the largest most granular sectoral country-to-country FDI dataset employed to date in the analysis of the FDI-IPR nexus with disaggregated data for OFDI and EOFDI across up to 9 distinct sectors of economic activity from both the US and UK The authors employ a more sophisticated measure of IPR strength, the patent index proposed by Papageorgiadis et al. (2014), which places emphasis on the effectiveness of enforcement practices as perceived by managers, together with the overall administrative effectiveness and efficiency of the national patent system.

US-China Relations

2019 ◽  
pp. 571-589
Author(s):  
Clay Wilson ◽  
Nicole Drumhiller
Keyword(s):  
Intellectual Property ◽  
Economic Disadvantage ◽  
Cyber Warfare ◽  
Private Industry ◽  
National Cultures ◽  
Us Military ◽  
The Us ◽  
Cyber Espionage

It is assumed by most observers that China is copying or stealing vast amounts of intellectual property from US military and private industry through its cyber espionage activities, and then sharing that information with state-owned industries, giving them unfair economic advantages. The US also conducts cyber espionage against China and other nations, but chooses to not share the vast collections of intellectual property and data with its own domestic industries. By choosing not to do the same thing as China, the US may be placing itself at an economic disadvantage, and may also mistakenly be accusing China of threatening cyber warfare. What is needed is a clearer understanding of differences in national cultures that contribute to intolerance between the US and China when it comes to economics, threats of war, and the evolving new role of cyber espionage.

Better ‘Best Execution’

2018 ◽  
pp. 165-196
Author(s):  
Christopher Nagy ◽  
Tyler Gellasch
Keyword(s):  
Securities And Exchange Commission ◽  
Client Expectations ◽  
The Us ◽  
Best Execution ◽  
Public Disclosures ◽  
Investment Advisers ◽  
The Impact ◽  
Disclosure Obligations

This chapter reviews best execution and new disclosure obligations in relation to investment advisers as well as brokers; it also provides an overview of the strategies they use to meet their rapidly changing obligations. Investment advisers and brokers are confronted with increasingly stringent regulatory and client expectations to fulfil their duty of best execution. Regulators in Europe have become active in developing formal best execution obligations, but the US Securities and Exchange Commission (SEC) is lagging behind in providing a clear framework for best execution. This chapter first outlines the analogous best execution obligation for broker-dealers and explores the contours of the SEC’s expectations for investment advisers. It then assesses the impact of new European best execution obligations and the role of public disclosures in aiding the fulfilment of best execution duties. It concludes by examining various strategies used by investment advisers to fulfil their evolving duties.

scholarly journals Contemplation and the Suffering Earth: Thomas Merton, Pope Francis, and the Next Generation

Open Theology ◽  
2018 ◽  
Vol 4 (1) ◽  
pp. 212-227
Author(s):  
Christopher Pramuk
Keyword(s):  
Spiritual Formation ◽  
Human Heart ◽  
Environmental Crisis ◽  
Technology In Education ◽  
Pope Francis ◽  
Us Congress ◽  
The Us ◽  
Thomas Merton ◽  
The Impact

Abstract During his address to the US Congress in 2015, Pope Francis lifted up the Trappist monk and famed spiritual writer Thomas Merton as one of four “great” Americans who “offer us a way of seeing and interpreting reality” that is life-giving and brings hope. Drawing from Merton and gesturing to Pope Francis’s 2015 encyclical Laudato Si’, the author explores the epistemological roots of the environmental crisis, arguing that while intellectual conversion to the crisis is crucial, Merton’s witness suggests a deeper kind of transformation is required. Reading Merton schools the imagination in the way of wisdom, or sapientia, a contemplative disposition that senses its kinship with Earth through the eyes of the heart, illuminating what Pope Francis has called “an integral ecology.” The author considers the impact of two major influences on Merton’s thought: the Russian Wisdom school of theology, or sophiology, and French theologian Jacques Ellul, whose 1964 book “The Technological Society” raises prescient questions about the role of technology in education and spiritual formation. Arguing that our present crisis is both technological and spiritual, epistemological and metaphysical, the author foregrounds Merton’s contributions to a sapiential theology and theopoetics while asking how the sciences and humanities might work together more intentionally toward the transformation of the personal and collective human heart.

scholarly journals Unwanted Conflict? The Analysis of the Impact of Misperception, Beliefs and Psychology of President Nasser at the Outbreak of the Six Day War

2019 ◽  
Vol 01 (02) ◽  
pp. 1950003
Author(s):  
Janko Šćepanović
Keyword(s):  
Decision Making ◽  
Decision Makers ◽  
Structural Explanation ◽  
Defining Moments ◽  
The Us ◽  
History Of ◽  
The Subject ◽  
Six Day War ◽  
The Impact

The Six Day War was one of the most defining moments in the history of the Modern Middle East. This paper seeks to add to the existing scholarship on the subject by going beyond the structural explanation. It gives special attention to the role of unit-level variables like perception, personality, and political psychology of decision-makers. As one scholar noted, threats are not perceived in a vacuum, and are, instead, products of complex synthesis of subjective appraisal of events by the decision-makers. The focus will be on the beliefs and perceptions of the most impactful actor in this crisis: Egyptian President Nasser. As will be argued, his decision-making was shaped by his experience with foreign imperialism, a general misconception of super power intentions, an incorrect analogy between two crucial crisis situations with Israel: the February 1960 Rotem Crisis, and the build-up to the June War in 1967, and especially his complicated relations with the US leaders.

PARLIAMENTARY REWARDS AND THE EVOLUTION OF THE PATENT SYSTEM

2015 ◽  
Vol 74 (3) ◽  
pp. 423-449 ◽  
Author(s):  
Robert Burrell ◽  
Catherine Kelly
Keyword(s):  
Reward System ◽  
Patent Law ◽  
The State ◽  
Patent System ◽  
Public Disclosure ◽  
Minimum Requirement ◽  
The Core ◽  
The Impact ◽  
Special Provision

AbstractThis article examines the impact on the patent system of rewards for innovation across the eighteenth and early nineteenth centuries. During this period, Parliament would regularly grant rewards to inventors, with many of these rewards being set out in legislation. This legislation provided Parliament with the opportunity to promote a model of state support for inventors: a model that made public disclosure of the invention a precondition for assistance. This had important implications for patent law, in particular, in helping to develop the role of the patent specification and the doctrine of sufficiency of disclosure. In this way, the reward system helped establish the framework under which the state would provide support for inventors. Simultaneously, however, the reward system created a space in which inventors would have to do more than meet the minimum requirement of public disclosure. Rewards allowed the state to distinguish between different classes of inventor and to make special provision for particularly worthy individuals. In this way, the reward system recognised the contribution of the “heroic inventor”, whilst leaving the core of the patent system undisturbed.

Our gods don't wear spandex

2020 ◽  
Vol 60 (2) ◽  
pp. 102-113
Author(s):  
Angelika Funek
Keyword(s):  
Comparative Analysis ◽  
Comic Book ◽  
Scientific Discourse ◽  
Modern World ◽  
Main Series ◽  
Human Need ◽  
One Step ◽  
In The Beginning ◽  
The Impact

The Comparison between the comic books’ superheroes and gods often appears in the scientific discourse. This phenomenon is linked to the human need for creating new idols. In their comic book titled The Wicked and the Divine, Kieron Gillen and Jamie McKelvie are going one step further and decide to create a whole new pantheon, designed to fit our century. Creators did not design new gods, they used various pantheons and reincarnated them in new, different bodies. In this article, I will be considering the role of divinity and its place in the modern world. In order to achieve this, I will use comparative analysis between the main series of The Wicked and the Divine and two special one-shots — first set in the twenties of the twentieth century, second in the beginning of the nineteenth century — to highlight the differences in the role of gods and divinity in different period of time. The article will also concentrate on the form of the bodies that the gods gain due to the reincarnation, and the impact of this phenomenon on the place that they take in society.

INTELLECTUAL PROPERTY PROTECTION, ENTREPRENEURSHIP, AND ECONOMIC GROWTH

1996 ◽  
Vol 04 (03) ◽  
pp. 267-285
Author(s):  
FRANCIS W. RUSHING ◽  
MARK A. THOMPSON
Keyword(s):  
Economic Growth ◽  
Intellectual Property ◽  
Research And Development ◽  
Technological Change ◽  
New Technologies ◽  
Intellectual Property Protection ◽  
Economic Literature ◽  
The Third ◽  
The Impact

This paper brings together the importance of intellectual property protection (IPP) and entrepreneurship in economic growth. The paper surveys the economic literature on what factors are important to growth. The focus is on recent models of endogenous growth which reflect on the role of investment, technological change and education. Secondly, publications, which measure the impact of IPP on some of the growth elements identified are reviewed. The third section deals with IPP and the entrepreneur as an important agent and facilitator of growth. It discusses the nature of IPP as an incentive in not only stimulating the development of new technologies and processes but also the dissemination of existing technologies. Using the surveys as background, short case studies for India and Brazil are presented on IPP as a stimulus and application of research and development. The last section summarizes the previous sections and draws some conclusions with respect to policy.

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