Intellectual Property Protection in Emerging Economies and Trade Related Intellectual Property Rights

2016 ◽  
Author(s):  
Abdalaziz Alfarraj
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.


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.


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.


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):  
Correa Carlos Maria

This concluding chapter looks at the acquisition and maintenance of intellectual property rights (IPRs), dispute prevention and settlement, transitional and institutional arrangements, and final provisions in the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement. Different aspects relating to the procedures for the acquisition and maintenance of intellectual property rights are regulated in Article 62 of the TRIPS Agreement. Its main purpose is to ensure that the application of national legislation on this matter does not unjustifiably impair the access to and exercise of such rights. Meanwhile, Articles 63 and 64 contain rules aimed at preventing and settling disputes concerning the implementation of the TRIPS Agreement. Prevention of disputes is basically sought under the TRIPS Agreement through the rules on ‘transparency’ contained in Article 63. All WTO Members could avail themselves of one year after the date of entry into force of the WTO Agreement to comply with the obligations relating to intellectual property protection. The reason for this is quite obvious: most or all Members, including developed country Members, needed to introduce changes into their legislation in order to comply with the standards set out by the TRIPS Agreement, especially with those contained in Part II. A Council to specifically deal with TRIPS matters is established by Article 68.


2003 ◽  
Vol 07 (02) ◽  
pp. 66-70
Author(s):  
Dennis Fernandez ◽  
Mary Chow

Intellectual property rights are essential in today's technology-driven age. A strong intellectual property protection strategy is crucial in the bioinformatics and biochips technology spaces as monetary and temporal resources are tremendous in finding a blockbuster drug or gene therapy, as well as in deploying advanced biosensor and other medical systems. Current problems and intellectual property practice in the genomic space are presented and analyzed. Various strategy and solutions are proposed to guide bioinformatic and biochip companies in forming an aggressive strategy to protect one's intellectual property and competitive positioning.


2014 ◽  
Vol 687-691 ◽  
pp. 1991-1994 ◽  
Author(s):  
Ni Xue

As a powerful weapon of an acceleration of technological progress and economic development the intellectual property protection system also has an unprecedented attention. The development of digital technology significantly increased possibility of the intellectual property infringement behavior. In this paper, the network sharing of information is bound to increase behaviors network infringement of intellectual property rights, and increase the difficulty of intellectual property protection. Through summarizing the characteristics of network intellectual properties and information network sharing under the network environment, the contradictory and unified relationship between network sharing and intellectual property protection is made in-depth analysis. This paper attempts to think the rationality of the existence of intellectual property rights under the network environment, and research the legitimacy of Internet intellectual property rights and Internet environment protection of intellectual property rights interests balance theory and incentive theory problems.


2016 ◽  
Vol 15 (2) ◽  
pp. 168-180 ◽  
Author(s):  
Huiying Zhang ◽  
Xiaohui Yang

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.


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