Innovation and Competition: Conflicts over Intellectual Property Rights in New Technologies

1987 ◽  
Vol 12 (1) ◽  
pp. 6-21 ◽  
Author(s):  
Pamela Samuelson
2019 ◽  
Vol 1 (11) ◽  
pp. 31
Author(s):  
Juna Kjakšta ◽  
Kristaps Gailis

The search for a balance of interests of right holders and users, legal means for the exclusive rights enforcement in the conditions of the development of new technologies, the problems of protection of intellectual property are considered in the paper. At the present time intellectual property is considered to be one of the most valuable assets of a business. Possessors of rights can secure their loans using their intellectual property as collateral. The authors claim that the Latvian legal and regulatory framework does not cover essential issues. The aim of the research is to explore and identify the importance of intellectual property rights in business. The following tasks were set to achieve the aim: to explore the theoretical aspects of intellectual property rights, to identify possibilities for intellectual property development in business. The following scientific research methods are used in the paper: the development of intellectual property rights in commercial law is investigated with the help of the descriptive method; the systemic method is used to analyse national legal norms in conjunction with international documents and recommendations; the comparative method has been used to study models of intellectual property rights.


2021 ◽  
Vol 4 (2) ◽  
pp. 86-92
Author(s):  
Desak Gde Dwi Arini ◽  
Diah Gayatri Sudibya ◽  
Ni Made Sukaryati Karma

The regulation of technology transfer to Multinational Companies (PMN) to date still pays attention  to the provisions of the Law of the Republic of Indonesia No. 25 of 2007 on Investment, especially  Article 2 paragraph 1, in addition to Indonesia has also adjusted the provisions of national laws in the field of economy/trade with the provisions of GATT and WTO that hav been ratified through the Law  of  the Republic of Indonesia Number 7 of 1994, including adjustments to the provisions of the field of intellectual property rights (IPR) contained in the TRIPs, such as the Law of the Republic of Indonesia No. 14 of 2001 on Patents, The Law of  the Republic of Indonesia No. 15 of 2001 on Brands, and the  Law of the Republic of Indonesia No. 19 of 2002 on Copyright, and others covered as objects of intellectual property rights (IPR). The role of multinational companies (PMN) in the transfer of technology can be mentioned, among  others: As a holding company that can be used for media, containers, information exchange, technology between countries in the international community which is further used, and useful for Indonesia; As a place for investment in order to obtain benefits for Indonesia; and As a place for the application of new technologies to be useful more efficiently and effectively benefit Indonesia, in addition to improving international economic trade.  


Author(s):  
Maryna Kovalova

The research intensive companies have been increasingly emphasizing on the commercialization of their innovations to adopt a central strategy for competitive advantage. During last two decades, many small and medium companies have shifted their focus to technological inventions leading to entrepreneurship and simultaneously they are commercializing their new technologies. A well-balanced and accessible intellectual property system plays an important role in this process. Intellectual property rights serve to protect the often large and high-risk investments in innovative companies, thereby providing major incentives to make such investments. Patents and intellectual property are important products of any national innovation system. Innovation is a key driver of economic growth and development in the medium and long term for each country. The concept of innovation can be described as the process of introducing new products, services and production processes to the market and, as a consequence, the creation of new profitable enterprises. A properly created system of protection and protection of intellectual property rights grants exclusive rights to inventors and thus increases their chances of getting the start-up (initial) investments they need to bring new technologies to the market. In other words, intellectual property rights are a key prerequisite for the emergence of intellectual property in the market. Comparison of European legislation with Ukrainian legal standards shows that Ukraine has embarked on a path that is broadly in line with the general global trends in the evolution of legislation in technology transfer. Additional rules that have been successfully applied in European legislation (but are not yet in Ukrainian) can be further integrated into existing legal acts or incorporated into draft new laws, such as the law on the commercialization (transfer) of technologies. The problems that Ukraine will have to solve in the field of technology commercialization in the next few years make it necessary to study the experience of developed countries. Copying is not possible, any innovative measures are successful in the national context: economic, social, legal, etc.


Author(s):  
Oleksandr Zaikivskyi ◽  
Oleksandr Onistrat

Keywords: defence capability, intellectual property, regulatory and legal support,armament and military equipment, military-technical cooperation The condition of regulatory and legal support of defencecapability of Ukraine and problems concerning protection of intellectual propertyand protection of state interests in this sphere are investigated. The importance ofprotection of intellectual property rights to ensure the enhancement of the state's defencecapabilities is noted.Ensuring Ukraine’s defence capability largely depends on equipping the ArmedForces of Ukraine with modern types and models of armaments and military equipmentdeveloped on the basis of the intellectual property rights.It is the military-technical sphere where the objects of intellectual property rightsbelonging to the sphere of national security and defence are created, and the state isobliged to ensure their protection. This will increase the competitiveness of the domesticdefence industry and make it impossible for anyone in the mass production ofarmaments and military equipment for their own needs and for exports, that directlyaffects defence capabilities.This requires proper protection of intellectual property rights both in the processof own production of weapons and military equipment, and in military-technical cooperation.The legislation of Ukraine on national security and defence determines the need touse scientific and technical achievements and the introduction of new technologies toincrease the state's defence capabilities. However, the issue of intellectual property,which is the basis of these achievements and technologies, is not raised. It is notedonly that the acquisition, security, protection of intellectual property rights to scientificand technical (applied) results are carried out in accordance with the law, and incase of infringement of intellectual property rights is protected in the manner prescribedby administrative, civil and criminal law.Thus, all issues related to the defence and protection of intellectual property rightsmust be resolved within the framework of special legislation on intellectual property.Recommendations for improving the regulatory and legal support of Ukraine's defencecapabilities with a purpose of solution of intellectual property issues in this areaand compliance with national interests and security of the state on intellectual propertyrights in the development of armaments and military equipment, as well as internationalmilitary-technical cooperation were submitted.


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