Intellectual Property and Universities: A Path Forward [Point of View]

2017 ◽  
Vol 105 (7) ◽  
pp. 1195-1198 ◽  
Author(s):  
E. William Cowell ◽  
Jeffrey H. Reed
2021 ◽  
pp. 47-104
Author(s):  
Albert Esplugas

This paper presents a critique of intellectual property from an ethical and economical point of view. Once patents and copyrights are characterized as a monopolies of ideas, it is argued that intellectual pro-perty violates private property rights in its original meaning and it is not based in real scarcity but creates artificial scarcity instead. In addition, the paper challenges intellectual property as an incentive to innovation and studies the several costs of this kind of regulation. Eventually, diffe-rent market alternatives to tackle the free-riding problem are explored. Key words: intelectual property, patents, copyrights, private property, scar-city, public good, innovation incentives, market economy. Clasificación JEL: O310, O320, O340, H410. Resumen: En este trabajo se presenta una crítica a la propiedad intelec-tual desde una perspectiva ética y económica. Tras caracterizar las paten-tes y los copyrights como monopolios sobre ideas, se arguye que la pro-piedad intelectual viola el derecho de propiedad privada en su sentido tradicional y crea una escasez artificial en lugar de fundarse sobre la esca-sez. Se cuestiona, asimismo, que la propiedad intelectual suponga un incen-tivo a la creación, estudiando los distintos costes de una regulación de este tipo. Por último se mencionan varias alternativas de mercado para hacer frente a los problemas de free-riding. Palabras clave: propiedad intelectual, patentes, copyrights, propiedad privada, escasez, bien público, incentivos a la innovación, mercado.


2021 ◽  
pp. 570-585
Author(s):  
Elfriede Penz ◽  
Eva Hofmann

Intellectual property (IP) infringement is widely researched in behavioural studies with manifold quantitative and qualitative research. The current chapter focuses on qualitative research and gives an introduction to how data from expert interviews and websites of relevant stakeholders can be analysed to understand and interpret IP infringement applying triangulation. This chapter selects the comprehensive perspective of the entire business and institutional environment in an international context, focusing on the social-cultural, legal, economic, political, and technological framework in different countries, which determines business activities. It answers three research questions on past, current, and future activities regarding IP with data from forty-six organizations (expert interviews, website analyses). The analysis of the data with Computer Assisted/Aided Qualitative Data AnalysiS (CAQDAS) follows four steps: (1) organizing the material; (2) coding; (3) searching; and (4) modelling and interpreting. The analysis revealed that first, there were several activities regarding IP that have been applied by different stakeholders, second, the present status of IP from the point of view of the different stakeholders has a strong legal aspect, and third, a cross-national collaboration for enforcement and harmonizing legislation is seen important for the future of IP specifically by governmental bodies. Overall, these findings allow for recommendations not only for legislators but also for industry and organizations lobbying for more lenient IP rights leading to a bright future for IP.


Author(s):  
Patricia Ribeiro Serra Vieira ◽  
Anna Carolina Cazarin Queiroz

With the popularization of prêt-à-porter, the fashion sector and the Law have experienced an unprecedentedlevel of proximity. The rise of fast fashion stores, whose outstanding features are high-scale production andlow prices, and the increasing competition in the sector have accentuated the need to protect the industrialand intellectual property of brands and creations. In Brazil, the exuberance of its shores has resulted in thedevelopment of beachwear, a segment that we are a worldwide reference and in which there is a landmarkcourt decision with regard to the applicability of copyright in fashion creations and compensation for damagesresulting from these activities. From a casuistic and doctrinal analysis, this academic article aims to contributeto the debates on the fashion world from the point of view of civil responsibility theory, highlighting the legalsolutions applicable to the segment and the need to take into account the specific nature of this consumermarket. 


2018 ◽  
Vol 32 (4) ◽  
pp. 235-244 ◽  
Author(s):  
John Scanlan

Knowledge transfer (KT) activity at a research performing organization (RPO) is usually reported as a set of metrics arising from the RPO’s research and engagement, such as links to industry, intellectual property creation, licensing of new technology and new start-up company creation. However, these basic metric sets are not very effective, either from the point of view of benchmarking or as measures of quality. To address this inadequacy, the author has developed and implemented a ‘knowledge transfer capability maturity framework’, which attempts to capture the essentials of good-quality management across key KT processes, providing for the identification of deficiencies and subsequent improvements. This article also presents the use of the ratios of currently reported metrics as an additional and helpful benchmarking tool, and the possible use of these ratios as a means of quantifying the quality measurement of the capability maturity framework presented.


2020 ◽  
Vol 27 (7) ◽  
pp. 1125-1147
Author(s):  
Ignat Kulkov ◽  
Björn Berggren ◽  
Kent Eriksson ◽  
Magnus Hellström ◽  
Kim Wikstrom

PurposeThis paper focuses on medical device university spin-offs (USOs), taking into account the peculiarities of financial and nonfinancial support and intellectual property rights (IPRs). The authors declare that these parameters play a significant role in business development at the early stages.Design/methodology/approachThis empirical data consist of individual and group interviews in Finland and Sweden, which are later inductively analyzed.FindingsThe results show that public financial support contributes to the formation and start of sales stages in small countries and local markets. However, at the validation stage, approaches for supporting entrepreneurship in the field of medical devices may differ. The ownership of IPRs assists in the development of entrepreneurship in the region due to the transfer of research results and researchers to the industry and increases the number of spin-offs and the cooperation of universities with business.Originality/valueThis contribution is in the identification of the key parameters for the formation, support and development of the USOs from the point of view of the availability of financial resources and the ownership of IPRs.


Upravlenie ◽  
2016 ◽  
Vol 4 (1) ◽  
pp. 74-78
Author(s):  
Рогожин ◽  
S. Rogozhin ◽  
Сазанова ◽  
S. Sazanova

The authors consider the intellectual property rights from two points of view: legal theory and institutional economical theory. Contents of “intellectual property” and “intellectual rights” concepts have been revealed in this paper, and the necessity of their study has been justified not only from the legal point of view, but also from the economic one. The authors emphasize that the institutional economics in general and the economic theory of property rights, in particular, have a great potential in the study both of theoretical and practical aspects related to intellectual rights. According to the authors, it is the institutional approach which will create an effective legislation in this area.


2021 ◽  
Vol 75 (2) ◽  
pp. 52-59
Author(s):  
Victoria Shekhovtsova ◽  

The article is devoted to the research of the intellectual property rights system in Ukraine. Intellectual property is the result of the creative activity of any person or group of people. The author studied the categories «intellectual property» and «intellectual property right», investigated the principles of intellectual property and the system of intellectual property rights of Ukraine. In Roman law, there was the term «property», because the «property right» in its classical meaning was formed in Rome, and related to private relationships. Intellectual property is the property of a person that arose as a result of her creativity. However, for our Ukrainian legislation, the expression «intellectual property» is «terra incognita». Yes, intellectual property is studied by such branch legal sciences as: civil law, administrative law, international law, and others. Formed the State Service of Intellectual Property, but the organization of the state system of legal protection of intellectual property, in our difficult times, wants a better one. In the legal literature on intellectual property issues various definitions of «intellectual property right» are given. From a subjective point of view – this is a subjective right, and from an objective point of view – a civil law institute, a set of legal norms that regulate relations in the system of creation and protection of intellectual property. Man, his freedom and rights are the most important value of evolutionary development of society, which manifests itself in the growth of the intellectual potential of the population of each country. Only man possesses intelligence, creative potential and creative abilities. In addition to it, on earth, no living creature can create. Creative activity is the most important aspect of human life, which allows you to convey your talent to society. The consequence of this activity is something new, unique, unique and original. The accumulated products of the human mind are the heritage of the nation, which determine its further development.The Constitution of Ukraine guarantees to the citizens of the state freedom of scientific, artistic, literary and technical creativity, protection of intellectual property rights, moral and material interests arising in connection with various types of intellectual activity. Every citizen has the right to the results of his intellectual, creative activity; no one can use or distribute them without his consent, with the exception of the statutory provisions. The intellectual potential of the nation, in the form of improving education, production, culture, science and technology, needs constant support from our state. The Civil Code of Ukraine for the first time in our national legislation was given a formal definition of the right of intellectual property, as the rights of the individual to the result of intellectual, creative activity or other object of intellectual property rights.


2021 ◽  
Vol 20 (6) ◽  
pp. 8-17
Author(s):  
E.A. SUKHANOV

The article highlights the role of prof. A.L. Makovsky in the creation of the new Civil Code of the Russian Federation of 1994–2006, as well as in the organization of the practice of its application and the development of the Concept for the Development of Civil Legislation of the Russian Federation in 2009. Special attention is paid to the activities of A.L. Makovsky on the preparation of the Fourth Part of the Civil Code of the Russian Federation and the concept of intellectual rights enshrined by it, opposing the traditional archaic concept of “intellectual property”. The importance of the need to increase the attention of civil law to the issue of protecting the rights and interests of citizens and other weakest participants in civil legal relations in their opposition to the interests of large companies striving to take a privileged position in property turnover is shown. From this point of view, the author substantiates the need for a significant adjustment in the understanding of the balance of private and public interests, which is the basis of civil law regulation.


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