scholarly journals A Saga of Intellectual Property Licensing: Investigating the Credibility of 25 Percent Rule

2020 ◽  
Vol 3 (2) ◽  
pp. p79
Author(s):  
Seema Soni ◽  
Pratap Devarapalli ◽  
Jeanine Zieseniss ◽  
Nalinda Atapattu
Keyword(s):  
Intellectual Property ◽  
Small Businesses ◽  
Research Study ◽  
Complex Environment ◽  
Patent Licensing ◽  
Royalty Rate ◽  
Rule Of Thumb ◽  
Challenging Tasks ◽  
Multiple Issues ◽  
Limitations And Exceptions

A healthy IP system creates opportunities and benefits for the industries, consumers, small businesses, governments, and the economy, including greater innovation, choice, competition, and jobs. Incentives to innovate, job creations, opportunities and revenue generation for governments make the environment interoperable and beneficial for all stakeholders. The IP created by industries and individuals can be licensed to others as a way of generating revenue. It is within this, already complex environment, where negotiating a fair royalty rate can become one of the most challenging tasks. It is here where the application of the 25 percent rule emerged as a rule of thumb, to determine royalty rates in most licensing transactions, specifically in patent licensing. In light of the above, this research study has looked into different issues relating to the credibility of the 25 percent rule after the Uniloc case. Moreover, this study tried to trace out and examine multiple issues, such as the validity of the grounds for rejecting the Rule, the criticism leveled against it, the applicability of the Daubert standards, limitations and exceptions to the Rule and other related issues that will answer the credibility of the 25 percent rule.

The real price of intellectual property: evaluation of franchisees’ benefits

2013 ◽  
Vol 63 (1) ◽  
pp. 43-60 ◽  
Author(s):  
Ivan Kotliarov
Keyword(s):  
Intellectual Property ◽  
Risk Reduction ◽  
Royalty Rate ◽  
The Real ◽  
Managerial Support ◽  
Real Price ◽  
Property Evaluation ◽  
Additional Income

It is demonstrated that models of royalty rate calculations developed for licensing should not be applied to franchising because the benefits received by a licensee and a franchisee are different. It is proposed that the risk reduction generated by the franchisor’s effective technologies and the managerial support given to a franchisee also be included in the model of royalty calculation. It is demonstrated that a franchisee may wish to acquire the franchise even if the franchisor takes the full amount of additional income or if this additional income is negative.

scholarly journals Documenting the copyright sphere: can festivals solve the problem of copyright clearance for documentaries?

2019 ◽  
Vol 9 (4) ◽  
pp. 452-470
Author(s):  
Oğulcan Ekiz
Keyword(s):  
Intellectual Property ◽  
Documentary Film ◽  
Property Law ◽  
International Level ◽  
Policy Perspective ◽  
Copyright Policy ◽  
Intellectual Property Law ◽  
Copyright Clearance ◽  
Starting Point ◽  
Limitations And Exceptions

The starting point of this article is a short documentary film that I and five colleagues produced in the course of the Business of Film module at Queen Mary University of London's Intellectual Property Law LLM Programme. During the process of production, we faced some borderline issues regarding our unauthorized uses of others’ copyright works. When we put ourselves into the copyright's author's shoes, three problems arose regarding our use of possible limitations and exceptions: the lack of guidance; the fear of liability; and the unharmonized status of limitations and exceptions at an international level. This article examines these problems from a copyright policy perspective and invites documentary festivals to undertake a mission of guiding new documentary directors through the complex, unharmonized world of copyright limitations and exceptions.

THE INFLUENCE OF THE MANAGEMENT OF INFORMATION SOURCES ON THE INNOVATION PERFORMANCE OF LARGE AND SMALL BUSINESSES

2012 ◽  
Vol 16 (02) ◽  
pp. 1250012 ◽  
Author(s):  
CLANDIA MAFFINI GOMES ◽  
ISAK KRUGLIANSKAS ◽  
FLÁVIA LUCIANE SCHERER
Keyword(s):  
Empirical Research ◽  
Small Businesses ◽  
Information Sources ◽  
Research Study ◽  
Innovation Performance ◽  
Industrial Firms ◽  
Significant Relationships ◽  
Technological Information

This paper is part of a broader empirical research study about Brazilian industrial firms with innovative characteristics. The study involved more than 70 enterprises in the sample. Its aim was to provide inferences on the relationships between the management of sources of technological information and the innovation performance of the firms studied. In this paper, an analysis compares larger and smaller enterprise and identifies what the differences are between them. The analysis of the data suggests there are associations between many of the indicators of the management of sources of technological information, and the indicators of innovation performance studied. Approximately 100 significant relationships were found and many of them differ between larger and smaller enterprises.

scholarly journals PENYULUHAN HUKUM TENTANG PENTINGNYA HAK KEKAYAAN INTELEKTUAL PADA KELOMPOK TENUN TRADISIONAL “BIA BEREK” DI DESA KUNERU – ATAMBUA (NTT)

2020 ◽  
Vol 3 (1) ◽  
Author(s):  
Valerie Selvie Sinaga
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Small Businesses ◽  
Industrial Design ◽  
Woven Fabrics ◽  
Human Thought ◽  
Urban Village ◽  
Or Groups ◽  
Group Members

Intellectual Property Rights (IPR) is a set of rights granted to exploit an object that is the result of human thought. IPR consists of various rights including copyright, trademark, patent, industrial design, and trade secrets. These rights are needed in developing a business, both large and small businesses. Legal counselling on the importance of IPR was given to the "Bia Berek" group consisting of mothers of traditional weaving craftsmen from the Kemak tribe in Kuneru village, Manumutin Urban Village, Atambua District, Belu Regency (East Nusa Tenggara (NTT)) in August 2018. As small businesses in traditional industries, an introduction to the importance of IPR for this group is given so that they can protect the object of intellectual property rights owned and utilize the IPR to advance their small businesses. After legal counselling is carried out, group members understand that their creativity in making woven fabrics is one of the assets protected by copyright and plagiarism of fabric motifs from other regions or groups is not permitted in the copyright regime. In addition, group members understand that a brand is needed to be able to market their woven fabrics more broadly. However, they are still unable to register their weaving work to obtain brand protection, industrial design, and IG, due to their limited funds, knowledge and access. There needs to be further assistance from the Regency Government regarding this IPR issueABSTRAK:Hak Kekayaan Intelektual (HKI) adalah serangkaian hak yang diberikan untuk mengeksploitasi suatu obyek yang merupakan hasil dari pemikiran manusia. HKI terdiri dari berbagai hak di antaranya hak cipta, merek, paten, desain industri, dan rahasia dagang.  Hak-hak ini sangat dibutuhkan dalam mengembangkan suatu usaha, baik usaha besar atau pun kecil. Penyuluhan hukum akan pentingnya HKI ini diberikan kepada kelompok “Bia Berek” yang beranggotakan ibu-ibu pengrajin tenun tradisional dari  suku Kemak di desa Kuneru, Kelurahan Manumutin, Kecamatan Kota Atambua, Kabupaten Belu (Nusa Tenggara Timur (NTT)) pada bulan Agustus 2018. Sebagai pelaku usaha kecil di industri tradisional, pengenalan akan arti pentingnya HKI bagi kelompok ini diberikan agar mereka dapat melindungi obyek hak kekayaan intelektual yang dimiliki dan memanfaatkan HKI tersebut untuk memajukan usaha kecil mereka. Setelah penyuluhan hukum dilakukan, anggota kelompok memahami bahwa kreatifitas mereka dalam membuat kain tenunan merupakan salah satu asset yang dilindungi oleh hak cipta dan penjiplakan motif kain tenun dari daerah atau kelompok lain merupakan hal yang tidak diperkenankan dalam rezim hak cipta. Selain itu, anggota kelompok memahami bahwa diperlukan merek untuk dapat memasarkan lebih luas lagi kain hasil tenunan mereka. Namun, mereka masih belum mampu mendaftarkan karya tenun mereka untuk mendapatkan perlindungan merek, desain industri, dan IG, karena keterbatasan dana, pengetahuan dan akses mereka. Perlu ada pendampingan lebih lanjut dari pihak Pemerintah Daerah Kabupaten terkait masalah HKI ini

scholarly journals CREDIT AGREEMENT WITH FIDUCIARY COLLATERAL IN THE FORM OF A PATENT IN THE PERSPECTIVE OF INDONESIAN LAW

2019 ◽  
Vol 7 (5) ◽  
pp. 71-75
Author(s):  
Aili Papang Hartono, S.H.
Keyword(s):  
Intellectual Property ◽  
Financial Institutions ◽  
Research Study ◽  
Theoretical Data ◽  
Patent Law ◽  
Intellectual Property Right ◽  
Patent Holder ◽  
Community Needs ◽  
Credit Agreement ◽  
Exclusive Right

Purpose: Community needs for capital are obtained in various ways, one way is to make a debt agreement with financial institutions. This method is one way that is quite simple to obtain funds to support business activities. This debt agreement is usually carried out with a guarantee that the guarantee is a complement to provide assurance for financial institutions, in this case, the bank can obtain a loan refund in the event of an interpretation. One of the things that can be used as collateral is a patent. With the issuance of the latest law the patent is one way to obtain a loan from the bank. Methodology: This research study gathered theoretical data about loan granting under fiduciary security of patent. Main Findings: The development of the global community has caused development in security of loan application in banking internationally, one of them is security by using Patent. In Article 108 paragraph (1) of Patent Law, it is stated that right on Patent can be used as fiduciary security. The existing regulation indicates that the State supports economic development through granting of loan to Patent holders in order to develop their invention. A Patent Holder shall have an exclusive right to use the Intellectual Property Right by his/herself by using it as security. Implications/Applications: The findings of this study are helpful for the individuals in understanding the aspect of patents and exclusive rights held by the owner in order to secure Intellectual Property.

scholarly journals Economic Perspectives of Trademarks

2018 ◽  
Vol 9 ◽  
pp. 73-83
Author(s):  
Rishi Ram Chapagai
Keyword(s):  
Intellectual Property ◽  
Global Economy ◽  
Service Sector ◽  
Research Study ◽  
Global Marketplace ◽  
Business Context ◽  
Trademark Protection ◽  
Economic Perspectives ◽  
The Impact

Primarily, this paper examines the role of trademark in global economy, as an intellectual property the value of trademark and brand in the global marketplace, and the economic potentiality of trademarks to generate more value and surplus in the economy. This paper also discusses the contribution of the trademarks for creating brand and value of business enterprises. The article is basically conceptual and descriptive in nature. Based on the literature review, the purposes of this paper are; to assess the perceived value of a trademark and brand, to examine the trademark roles for creating brand and value and to understand the impact of trademark on economy.The article deals with trademark and its economic perspectives. This article is valuable to understand the value of trademark in marketplace. The article helps academicians and practitioner to know the concept of trademark as an intellectual property and to understand that it can be used by market economy to generate more income, value, and surplus in the economy. The economic perspective of trademark can be applicable to many segments of Nepalese business context; ranging from manufacturing to service sector and importantly for the entrepreneurship development. Finally, the article is recommending for further empirical research study to examine the impact of trademark protection system for the countries’ economic growth. The Sapta Gandaki JournalVol. IX, 2018 Feb. Page: 73-83

Protection and Promotion of Intellectual Property Rights (IPR) for Economic Competitiveness and Growth

2022 ◽  
pp. 147-156
Author(s):  
Puneet Kumar ◽  
Abdul Sattar A. Al-Ausi
Keyword(s):  
Economic Growth ◽  
Economic Development ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Small Businesses ◽  
Technology Intelligence ◽  
Economic Competitiveness ◽  
The World

The intellectual property they possess of an innovative technological invention that they have created is the only thing that matters to certain small businesses. IPR has genuinely grown as an “intellectual currency,” aiding in the advancement of global economic development, corporate prosperity, and creativity. In many fields of technology, intelligence, and culture, governments around the world are searching for ways to develop their economies, assist their people, and create national capabilities. This chapter discusses and describes the importance of intellectual property (IP) rights in achieving these vital objectives. This chapter will also offer an empirical summary of how a successful intellectual property rights regime can support or impede economic growth (IPRS).

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