scholarly journals PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN THE GLOBAL PROCESSES OF THE DIGITAL ECONOMY DEVELOPMENT

2019 ◽  
Vol 2019 (6) ◽  
pp. 79-90
Author(s):  
Volodymyr KHAUSTOV ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intangible Assets ◽  
Value Added ◽  
Business Environment ◽  
Digital Economy ◽  
Intellectual Property Protection ◽  
Moral Rights ◽  
Industrial Property ◽  
Global Competitiveness

It is shown that the level of development of digital technologies plays a decisive role in the competitiveness of both individual countries and individual regions. Along with the developed countries, the countries of South-East Asia have also become the leaders in the creation and implementation of the ICT. It is justified that the transition to a digital economy is considered as the driving force of innovation-oriented economic growth, provided favorable conditions for the institutional and business environment, the transformation of intellectual property protection systems, and integration to the global value added chains are created. In such chains, the better off companies and countries are those who possess significant resources in the form of intangible assets. The development of digital economy is impossible without creating a “solid analogue foundation”, including a regulatory framework, a strong human capital, and special institutions of electronic governance. The modern trends of the legal relations transformations in the field of intellectual property protection, as well as the structuring of objects and subjects of industrial property rights, copyright and related rights are systematized. It is pointed out that the current tendencies include both strengthening protection of personal non-property (moral) rights of the creators of intellectual property, and further commercialization of property (economic) rights. At the state level, it is necessary to ensure a balance between the protection of copyright and the priority areas of government policy in education, research, innovation, etc. Ukraine is not an active participant in the global value added chains, despite the potential available. The results of analysis of the Global Competitiveness Index components have revealed the strengths and weaknesses of Ukraine, in particular: comparatively high rankings and valuations of intangible assets directly related to digitalization, and, at the same time, dangerously low rankings in the assessment of institutional environment, macroeconomic stability and financial system. The key strategy for increasing Ukraine’s global competitiveness should be country’s “digitalization”, creation of domestic ICT market, and integration to the global value added chains.

scholarly journals INTELLECTUAL PROPERTY IS THE POTENTIAL FOR INNOVATIVE DEVELOPMENT OF UKRAINE

2021 ◽  
Vol 2021 (1) ◽  
pp. 69-83
Author(s):  
Volodymyr KHAUSTOV ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Intellectual Property Protection ◽  
Intellectual Property Right ◽  
Industrial Property ◽  
High Position ◽  
Global Innovation ◽  
The World ◽  
The Eu

Socio-economic development of Ukraine in the medium and long term is impossible without a radical reform of intellectual property as a basis for intensifying innovation processes. The generalization of tendencies and experience of the leading countries of the world concerning creation, protection and commercialization of objects of the intellectual property right revealed the strong and weak positions of Ukraine. Thus, Ukraine is in the group of leading countries in the generalized indicator of activity for filing applications for industrial property by country of origin, has a high position of the relevant indicators of the Global Innovation Index for 2020. Domestic inventors retain the potential to create objects of intellectual property rights mainly for protection in the domestic market: the number of applications under the Patent Cooperation Treaty system does not exceed 200, which is 320 times less than the inventors of China. However, the gross expenditure on R&D in GDP is 6-10 times lower than in the leading countries of the world. The low level of the national system of intellectual property protection is evidenced by the fact that Ukraine is under the supervision of the Office of the US Trade Representative and in the EU Priority Watch List, which includes countries with the most serious problems in the field of intellectual property protection. The experience of the EU and the USA in the context of reforming the system of protection of intellectual property rights in the domestic and foreign markets, including counterfeiting, falsification, piracy and plagiarism, is important for Ukraine. The potential for the commercialization of intellectual property is evidenced by the high position of the relevant indicators of the Global Innovation Index, in particular on the export and import of intellectual property rights. The basis of Ukraine's innovation policy should be formed using a modern methodological approach based on demand, in particular, on public procurement, updating the regulatory environment, supporting private demand and more. This approach will facilitate the commercialization of R&D results and objects of intellectual property rights.

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.

scholarly journals Will Intellectual Property Rights Policy Increase Foreign Direct Investment and Promote Technological Innovation?

2021 ◽  
Vol 2021 ◽  
pp. 1-11
Author(s):  
Debao Hu ◽  
Zhengkai Liu ◽  
Jing Zhao
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Common Knowledge ◽  
Business Environment ◽  
Theory Model ◽  
Long Run ◽  
Resource Endowment ◽  
Indigenous Innovation ◽  
Good For

In this paper, we discuss the effects of intellectual property rights (IPRs) on FDI and indigenous innovation and the overall effects of IPR on the Southern and Northern countries. Our model predicts that tighter IPR is good for FDI and indigenous innovation; however, the effects vary according to the initial resource endowment such as skill level and absorptive capacity. By a game theory model, we also find that tighter IPR benefits both sides if the innovation is the common knowledge to both players, and it improves indigenous innovation and welfare in a short term, but they will emerge in the long run. We also discuss the further direction to an empirical study. Finally, we make the following conclusion: IPR is part of business environment, and tighter IPR in progress is good for boosting welfare of both sides. It is time to build a better environment for IPR, but the cost of patent enforcement policy and the trade barrier must be taken into account.

scholarly journals PATENTS IN THE PRODUCTION PROCESS THAT ARE LAYING ON INVENTOR

2018 ◽  
Author(s):  
putri indah sari
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Production Process ◽  
Intellectual Property Rights ◽  
Secondary Data ◽  
Patent Law ◽  
Moral Rights ◽  
Not Given ◽  
Intellectual Work ◽  
The Government

The problems in this research are: (1) Is the patent in production can be provided to the workers / employees as a inventor? (2) How will the moral rights attached to the inventor to patent the intellectual work produced during the production process? This research uses normative juridical approach. Source of data derived from secondary data that primary legal materials, secondary, and tertiary. The results showed that patents in the production process is not given to the discoverer of workers / employees. The government needs to dissemination of the patents and other intellectual property rights so that a producer of intellectual work so that they know that the law protects what they produce. Governments also need to revise the provisions of Article 12 paragraph (1) Patent Law, where the rights of patent holders fixed on the inventor.

scholarly journals Intellectual Property and Foreign Direct Investment

2019 ◽  
Vol 14 (2) ◽  
pp. 26-32
Author(s):  
Nur Hayati Abd Rahman ◽  
Khairunnisa Abd Samad ◽  
Shahreena Daud ◽  
Zarinah Abu Yazid
Keyword(s):  
Foreign Direct Investment ◽  
Intellectual Property ◽  
Direct Investment ◽  
Random Effect ◽  
Digital Economy ◽  
Intellectual Property Protection ◽  
Annual Data ◽  
New Business ◽  
Asean Countries ◽  
High Level

With help from both domestic and international markets, ASEAN countries are able to catch-up withthe latest economic development if they can sustain high economic growth for a long-period of time. To doso, the resources available in countries such as capital and labors should fully be utilized up to theoptimum level. The capital itself can be in many forms such as investment. Since most of the ASEANcountries are categorized as developing countries, the reliance on foreign direct investment (FDI) as asource of growth is highly needed as it helps the economy to step on a higher stage of economic developmentvia the roles of foreign experts and technological transfer. In ensuring a higher level of investment, there isa need to ensure a high level of intellectual property protection since it assists in promoting invention,innovation and new business development. In opposite, lacking in protection might discourage foreigninvestors to invest in the countries, thus limiting the ability of the countries to grow further. Therefore, theaim of this paper is to examine whether strong intellectual property protection will really help in attractingmore foreign investors to invest in ASEAN-5 countries. Using annual data from 2007 to 2016, panel dataestimation using random effect is employed. It was found that the ASEAN-5 countries should strengthentheir intellectual property protection in order to stimulate higher foreign investments. Nevertheless, inbetween copyright and patents, copyrights protection gives significant effect to the FDI inflows relative tothe latter one. It indicates that the countries are slowly moving out from the production-based economy andcatching-up towards a digital economy. Keywords: ASEAN-5, foreign direct investment, intellectual property protection, digital economy, copyrights

scholarly journals THE RIGHT OF AUTHORSHIP ON A WORK

2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Moral Rights ◽  
Economic Rights ◽  
Natural Connection ◽  
Artistic Work ◽  
The Law ◽  
The Right ◽  
The Relationship

The moral rights represent the legal expression of the relationship between the workand its creator; they precede, survive and exert a permanent influence on the economic rights.Moral rights are independent of economic rights, the author of a work preserving these rightseven after the transfer of its property rights.The right to claim recognition as the author of the work, called in the doctrine as the"right of paternity of the work" is enshrined in art. 10 lit. b) of the law and it is based on theneed to respect the natural connection between the author and his work. The right toauthorship is the most important prerogative that constitutes intellectual property rights ingeneral and consists of recognizing the true author of a scientific, literary or artistic work.

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.

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