Spillover Effects of Intellectual Property Protection in the Interwar Aircraft Industry

2021 ◽  
Author(s):  
Walker Hanlon ◽  
Taylor Jaworski

Abstract Can strengthening intellectual property (IP) protection for producers of one good affect innovation in other related goods? To answer this question, we exploit a unique policy experiment in the interwar military aircraft industry. Airframe designs had little IP protection before 1926, but changes passed by Congress in 1926 provided airframe manufacturers with enhanced property rights over new designs. We show that granting property rights to airframe producers increased innovation in airframes, but slowed innovation in aero-engines, a complementary good where there was no change in the availability of IP protection. We propose and test a simple theory that explains these patterns.

Author(s):  
Henning Grosse Ruse-Khan

This chapter focusses on how ‘Free Trade Agreements’ (FTAs) fit within the existing multilateral framework, primarily with the Trade Related Aspects of International Property Rights (TRIPS) Agreement which most FTAs take as basis and benchmark from which the contracting parties modify rules among another (inter-se). In this context, the most prominent issue is the effect the continuous strengthening of the standards of intellectual property (IP) protection and enforcement has on the optional provisions and flexibilities of the TRIPS Agreement. The chapter examines whether and how the TRIPS addresses such further increases in protection and enforcement. It also looks at conflict clauses in FTAs and how they perceive their relation with the multilateral IP rules, especially the TRIPS Agreement. The principal question here is whether rule-relations within the international IP system are still primarily determined by harmonious interpretation — or if conflict resolution rather functions by choosing one rule over another.


2020 ◽  
Vol 13 (2) ◽  
pp. 407-442
Author(s):  
Nadia Naim

AbstractThe purpose of this article is to assess how Islamic finance can act as a vehicle to enhance the current intellectual property rights regime in the Gulf Cooperation Council (GCC). Islamic finance has developed within the constraints of sharia law and has been a growth sector for the GCC. This article will identify the main principles of Islamic finance that contribute to the success of Islamic finance, which can enhance intellectual property protection in the GCC. The main sharia-compliant areas to be considered are musharaka, mudaraba, murabaha, takaful, istisna, ijara, salam and sukuk. The article will outline the founding principles of Islamic finance, the governance of sharia boards, development of Islamic finance in the individual GCC states, different frameworks of sharia-compliant investment products and the impact of intellectual property rights on the varying Islamic finance investment tools. Furthermore, the article will discuss an integrated approach to intellectual property rights which learns lessons from the Islamic finance sector in relation to infrastructure, regulation and sharia compliance. The lessons learnt from Islamic finance will inform the overall framework of recommendations for an Islamic intellectual property model. The use of Islamic finance as a vehicle to promote better intellectual property rights in terms of defining a new intellectual property approach is novel. It is aimed at spearheading further research in this area, and it will form a part of the overall integrated approach proposals to intellectual property protection in the GCC and beyond.


Biotechnology ◽  
2019 ◽  
pp. 1944-1965
Author(s):  
Mercedes Campi

As a contribution to the open debate regarding the effect of Intellectual Property Rights (IPRs) on innovation, this chapter postulates that the adoption of strong IPRs is not a necessary condition to foster innovation in the plant breeding industry. The chapter studies the evolution of the soybean breeding industry in the US and Argentina and shows that regardless the level of intellectual property protection, if there is an attractive and profitable market, firms may search for different appropriability strategies rather than changing their innovative behavior. The chapter finds that the growth rates of new soybean varieties are similar in both countries and the adoption rate is faster in Argentina where the IPRs system is weaker.


Author(s):  
Riikka Kulmala ◽  
Juha Kettunen

As discussed in chapter 10, knowledge-based assets, intellectual property, and capital play a fundamental role in an enterprise’s competitiveness, especially in small knowledge intensive enterprises. Small knowledge intensive enterprises need to create new ways of operating in order to manage the intellectual and knowledge-based assets in their organizations more efficiently. Organizational knowledge and intellectual property can be protected, either formally via IPR, or informally via efficient knowledge management. Successful IP protection requires systematic intellectual property and knowledge management. Intellectual property protection via efficient knowledge management affects the entire organization rather than being just a separate task. It needs to be embedded in organizational work routines, practices, and processes as an overall operational strategy. When embedded in organizational work processes, IP protection and knowledge management become a continuous part of work routines and tasks in the enterprise, not a separate action.


2013 ◽  
Vol 18 (1) ◽  
pp. 89 ◽  
Author(s):  
Jane Menzies ◽  
Lydia Xynas ◽  
Stuart Orr ◽  
Mona Chung

Over the last 40 years, China has developed laws for the protection of intellectual property rights. Unfortunately, these laws have not been uniformly enforced, making such protection problematic for Australian and other foreign organisations wishing to do business in China. This article first scrutinises the current Chinese laws covering intellectual property protection. It then examines the outcomes of a qualitative study that addressed intellectual property protection issues faced by selected Australian organisations conducting business with Chinese counterparts located in China. Forty Australian business managers/owners from Australian companies having business relationships with Chinese firms were interviewed for this study. The findings show that protection issues are only relevant to certain types of businesses that have intellectual property to protect. Nevertheless, a number of the managers/owners interviewed believed that infringement threats were real and inevitable in China, and some had even experienced cases of copying. The study found that, despite such concerns, there was little evidence of organisations taking proactive and positive steps to adequately protect their intellectual property. In order to address this, the authors of this article have developed a protection strategy that incorporates the use of the law, together with firms’ organisational designs, so that foreign firms can protect their rights when interacting with the Chinese market.


2021 ◽  
Vol 10 (1) ◽  
pp. 29-34
Author(s):  
Le Thi Thanh Tam ◽  
Hoang Dinh Thai ◽  
Pham Thi Thanh Hai ◽  
Tran Diep Tuan ◽  
Tran Chi Thanh

Emerging economies are facing problems in the administration and compliance with intellectual property protection in their countries. The IP term is now much more familiar to the public, but it is not well understood completely in a lawful way. The public is misinformed (or, at best, under-informed) about IP leading to higher levels of infringement as well as reducing the use and value of IP. Our study aimed to determine the level of perceptions, awareness, and behavior (PAB) on IP Protection of the medical technology students with the cross-sectional on-line survey on 795 students by electronic European Union Intellectual Property Office (EUIPO) questionnaire. The overall level of PAB was very high, greater than three quarters. The demographic factors related significantly to right PAB on IP protection were sex (female higher than male) and residency (other cities higher than Ho Chi Minh City). Only the awareness had the covariance with the behavior in structural equation modeling (SEM) model with a significant coefficient of 0.55. We should focus on an education program to increase the right awareness, then it would improve the right behavior on intellectual property protection in students who are living in the emerging countries.


2019 ◽  
Vol 39 (4) ◽  
pp. 1685-1726
Author(s):  
Jasmina Mutabžija

Intellectual property protection is an important ingredient in the market success of knowledge-intensive enterprises operating in the information technology industry. The governance and the extent of protection of intellectual property related to software often seem to be connected to certain characteristics of an enterprise, such as its type and size. By analyzing the publicly available data, the author identifies various patterns primarily concerning the structure of ownership and management of the software enterprises in Croatia. The analysis reveals that all of the top 500 software enterprises according to revenue are closed, with the overwhelming majority being owner-managed and small or micro-sized. This would suggest that most software enterprises in Croatia are passive when it comes to their intellectual property. In relation to this, the author describes three profiles of enterprises depending on their attitude towards the governance of intellectual property. The author also formulates and explores four possible complementary approaches to the protection of intellectual property, both legal and non-legal, in addition to discussing various types of intellectual property rights with the aim of identifying those that are more suitable for the protection of different types of software.


2013 ◽  
Vol 3 (1) ◽  
pp. 29-45
Author(s):  
Riikka Kulmala ◽  
Juha Kettunen

Knowledge-based assets, intellectual property, and capital play a fundamental role in an enterprise’s competitiveness, especially in small knowledge intensive enterprises. Small knowledge intensive enterprises need to create new ways of operating in order to manage the intellectual and knowledge-based assets in their organizations more efficiently. Organizational knowledge and intellectual property can be protected, either formally via IPR, or informally via efficient knowledge management. Successful IP protection requires systematic intellectual property and knowledge management. Intellectual property protection via efficient knowledge management affects the entire organization rather than being just a separate task. It needs to be embedded in organizational work routines, practices, and processes as an overall operational strategy. When embedded in organizational work processes, IP protection and knowledge management become a continuous part of work routines and tasks in the enterprise, not a separate action.


Author(s):  
Mercedes Campi

As a contribution to the open debate regarding the effect of Intellectual Property Rights (IPRs) on innovation, this chapter postulates that the adoption of strong IPRs is not a necessary condition to foster innovation in the plant breeding industry. The chapter studies the evolution of the soybean breeding industry in the US and Argentina and shows that regardless the level of intellectual property protection, if there is an attractive and profitable market, firms may search for different appropriability strategies rather than changing their innovative behavior. The chapter finds that the growth rates of new soybean varieties are similar in both countries and the adoption rate is faster in Argentina where the IPRs system is weaker.


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