Islamic Finance as a Vehicle to Promote Improved Intellectual Property Rights in the Gulf Cooperation Council

2020 ◽  
Vol 13 (2) ◽  
pp. 407-442
Author(s):  
Nadia Naim
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Integrated Approach ◽  
Gulf Cooperation Council ◽  
Intellectual Property Protection ◽  
Islamic Finance ◽  
Growth Sector ◽  
The Individual ◽  
The Impact

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.

Intellectual property rights protection and export quality

2016 ◽  
Vol 15 (2) ◽  
pp. 168-180 ◽  
Author(s):  
Huiying Zhang ◽  
Xiaohui Yang
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
High Technology ◽  
Intellectual Property Protection ◽  
Content Type ◽  
Export Quality ◽  
The Impact ◽  
Ipr Protection

Purpose This paper aims to investigate the impact of intellectual property rights (IPR) protection on its ability to enhance domestic export quality. Design/methodology/approach This paper provides a testable framework to explain the impact of IPR protection on export quality. Research and development (R&D) spending and foreign direct investment (FDI) are positively correlated with a country’s export quality. Furthermore, intellectual property protection can induce more FDI and R&D spending. Therefore, the authors expect that there may be an indirect relationship between intellectual property protection and export quality (Figure 1). Findings The empirical results suggest that the influence paths of IPR protection on export quality are different between developed and developing countries. FDI plays a mediating role in the relationship between IPR protection and export quality in developing countries, while this mediating effect in developed countries is dependent on R&D and FDI. In addition, this impact is statistically significant in high-technology industries. Especially, IPR protection plays an extraordinary important role in enhancing the export quality of differentiated high-technology products. Originality/value This paper contributes to the literature in several ways. First, this is the first empirical analysis focusing on the influence path of IPR protection on export quality. The authors find that the hypothesis is supported by the positive and significant interaction coefficients of IPR protection with FDI and R&D. Second, the authors explore that the influence path of IPR protection on export quality may vary with the level of economic development. Third, this paper examines the effect of IPR protection on export quality in different industries.

Foreign Direct Investment, Intellectual Property Rights, and Productivity Growth

2014 ◽  
Vol 05 (03) ◽  
pp. 1440009
Author(s):  
Sasatra Sudsawasd ◽  
Santi Chaisrisawatsuk
Keyword(s):  
Foreign Direct Investment ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Productivity Growth ◽  
Direct Investment ◽  
Developed Countries ◽  
Outward Fdi ◽  
The Impact ◽  
Ipr Protection

Using panel data for 57 countries over the period of 1995–2012, this paper investigates the impact of intellectual property rights (IPR) processes on productivity growth. The IPR processes are decomposed into three stages — innovation process, commercialization process, and protection process. The paper finds that better IPR protection is directly associated with productivity improvements only in developed economies. In addition, the contribution of IPR processes on growth through foreign direct investment (FDI) appears to be quite limited. Only inward FDI in developed countries which creates better innovative capability leads to higher growth. In connection with outward FDI, only the increase in IPR protection and commercialization are proven to improve productivity in the case of developing countries, particularly when the country acts as the investing country.

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.

Innovation and Intellectual Property Rights

Biotechnology ◽  
2019 ◽  
pp. 1944-1965
Author(s):  
Mercedes Campi
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Plant Breeding ◽  
Intellectual Property Rights ◽  
Growth Rates ◽  
Intellectual Property Protection ◽  
Necessary Condition ◽  
Adoption Rate ◽  
The Us ◽  
Open Debate

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.

Standardization and Intellectual Property Rights

2000 ◽  
pp. 80-101 ◽  
Author(s):  
Eric J. Iversen
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Information And Communication Technologies ◽  
Intellectual Property Rights ◽  
Innovation Process ◽  
Technology Infrastructure ◽  
Ict Industry ◽  
The Individual ◽  
Technical Standardization ◽  
Standard Development

In today’s environment of rapidly evolving information and communication technologies (ICTs), technical standardization is said to be confronted by a “minefield” of intellectual property rights (IPRs). Patents and other industrial IPRs that might belong to individual developers of technology have the potential to undermine the collective pursuit of technical standardization that might serve the common interests of the sector or industry. This tension between the individual and the collective, between the development of technology and its diffusion, is however by no means new; it is an inherent feature of standard development as an institution of innovation. The fact that this tension has only recently been converted into conflict raises a host of interesting questions about standardization in the evolving environment of the ‘digital age’. In this chapter, we will address some of these. We are especially interested in the fundamental question concerning the roles of standard development organizations and IPRs in the “technology infrastructure” (Tassey, 1995) and how these roles are “co-evolving” (Nelson, 1995) with the rapidly developing ICT industry. The contention is that this process of coevolution is bringing what are initially complementary functions in the innovation process into increased confrontation. In this chapter such questions will be explored in terms of innovation-theory in which the role this ‘technology infrastructure’ plays is explicitly recognized. The discussion of this relationship moreover will be largely presented in terms of a case study, featuring the controversy that arose during the standardization of the now popular GSM system, produced by the European Telecommunication Standards Institute (ETSI).

EXPLORING CHINESE DESIGN BUSINESS OWNERS’ ATTITUDES TOWARDS INTELLECTUAL PROPERTY RIGHTS

2019 ◽  
Vol 23 (06) ◽  
pp. 1950059
Author(s):  
QINGFENG WANG ◽  
XU SUN
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Economic Loss ◽  
Development Stage ◽  
Business Owners ◽  
Potential Factors ◽  
New Research ◽  
The Impact ◽  
Ipr Protection

As Intellectual Property (IP) protection can nurture innovation, and since innovation is one of the critical sources of economic growth, it has become especially important since China surpassed a certain economic development stage, because China now has a growing number of its own innovations which need to be protected. This paper describes the construction of a new research model with which to explore and examine the impact of potential factors on attitudes towards Intellectual Property Rights (IPR) in China in the context of the creative design industry. The findings of a quantitative study of Chinese design business owners reveal the significant roles of Confucianism, perceived economic loss and perceived effectiveness of IPR law enforcement in shaping their attitudes towards IPR. Our findings support the idea that promoting Confucianism can help to develop an internalised respect for IPR, while sizable penalties for IPR infringement can enhance the effectiveness of IPR protection.

Intellectual Property Rights and Biodiversity Management: The Case of India

2004 ◽  
Vol 4 (1) ◽  
pp. 97-114 ◽  
Author(s):  
Philippe Cullet ◽  
Jawahar Raja
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Framework ◽  
International Treaties ◽  
Human Right ◽  
Individual Level ◽  
Biological Resources ◽  
The Individual ◽  
Biodiversity Convention

This article analyzes the impacts of the international legal framework for the promotion of intellectual property rights on India's legal regime concerning the control over biological resources and inventions derived from biological resources. It focuses in particular on the newly adopted Biodiversity Act and Plant Variety Act as well as on amendments to the Patents Act and their organic relationship within the overall domestic legal framework. It analyzes these enactments in the context of the move towards the control of biological resources and derived products through property rights fostered by existing international treaties, in particular the TRIPS agreement and the biodiversity convention. This has impacts not only for control over biological resources and derived products but also more generally on the management of agriculture in India and other developing countries and the realization of food security and the human right to food at the individual level.

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