The tradeoff of intellectual property rights reconsidered

2008 ◽  
Vol 10 (2) ◽  
Author(s):  
Cristiano Antonelli
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The Other ◽  
Negative Effects ◽  
The One

Intellectual property rights have a twin effect on the economic system.On the one hand they increase the incentives to the introduction of new technologicalknowledge. On the other they increase the costs of the generation ofnew knowledge because they limit the access to an indispensable input such asexisting knowledge. A tradeoff between such positive and negative effects canbe formalized so as to identify of the ‘correct’ levels of knowledge rents...

Is It Worth to Protect Competition from Intellectual Property Rights?

2013 ◽  
pp. 60-82 ◽  
Author(s):  
A. Shastitko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Public Procurement ◽  
The Other ◽  
Intellectual Activity ◽  
Market Structures ◽  
State Of Affairs ◽  
The One ◽  
Ipr Protection

Discrete structural alternatives (DSA) of intellectual activity results creation, including specification and protection of intellectual property rights (IPR), are considered through the lens of balancing with competition protection. DSA within the framework of IPR system are studied taking into account differences in incentives depending on market structures where goods are produced with IPR use, on the one hand, and regimes of antitrust, on the other hand. Besides, the open access to results of intellectual activity within the system of prizes and public procurement are presented as DSA. Some recommendations on balancing two ways of economic policy taking into account the state of affairs in Russian antitrust and IPR protection are put forward.

Article 262 TFEU

2019 ◽  
Author(s):  
Bernhard Schima
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
European Parliament ◽  
The Other ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Legislative Procedure

Article 229a EC Without prejudice to the other provisions of the Treaties, the Council, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament, may adopt provisions to confer jurisdiction, to the extent that it shall determine, on the Court of Justice of the European Union in disputes relating to the application of acts adopted on the basis of the Treaties which create European intellectual property rights. These provisions shall enter into force after their approval by the Member States in accordance with their respective constitutional requirements.

scholarly journals HAK KEKAYAAN INTELEKTUAL SEBAGAI BENDA: PENELUSURAN DASAR PERLINDUNGAN HKI DI INDONESIA

2015 ◽  
Vol 9 (2) ◽  
pp. 133
Author(s):  
Indirani Wauran-Wicaksono
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Civil Law ◽  
The Other ◽  
Legal Authority ◽  
Intellectual Work

<p><strong>Abstrak</strong><br />Hak Kekayaan Intelektual memberikan kewenangan hukum kepada seseorang untuk<br />mendapat keuntungan dari karya intelektual yang diciptakan. Hal ini berimplikasi pihak<br />lain, yang tanpa persetujuan, tidak diperbolehkan untuk mengambil keuntungan dari<br />sebuah karya intelektual. Pengambilan keuntungan berarti mengambil sesuatu, di mana<br />sesuatu tersebut berada dalam hukum sipil yang dikenal dengan properti. Artikel ini<br />menyelidiki kembali perlindungan dasar hak kekayaan intelektual untuk memberikan<br />justifikasi bahwa hak kekayaan intelektual adalah ‘properti’ yang memiliki sifat dasar<br />properti dan faktanya obyek properti memiliki hak milik.<br /><br /></p><p><em><strong>Abstract</strong></em><br />Intellectual Property Rights provides legal authority for a person to reap the rewards of<br />the intellectual work produced. This has a consequence that the other party without consent<br />must not take advantage of an intellectual work. Reap the rewards of means to take<br />something, which in civil law is known as the property. This article retraces the basic<br />protection of intellectual property rights to provide justification that intellectual property<br />rights are ‘a property’ that has the nature of properties and in fact, is the object of property<br />that has proprietary rights.</p>

scholarly journals Trade in counterfeit goods in Serbia: Methodological approach and quantification

Industrija ◽  
2021 ◽  
Vol 49 (1) ◽  
pp. 7-23
Author(s):  
Branko Radulović ◽  
Miljan Savić
Keyword(s):  
At Risk ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Methodological Approach ◽  
Legal Framework ◽  
Negative Effects ◽  
Counterfeit Goods ◽  
Product Categories ◽  
Counterfeit Products

The paper represents the first step in quantifying the categories of goods with the highest risk of being counterfeit during import into Serbia. Firstly, we present a methodology for quantifying the level of counterfeiting, its advantages, and its limitations. Secondly, we determine the product categories most likely to contain counterfeit products. Likewise, by using the OECD methodology, the GTRIC-p indicator for Serbia was formed, enabling comparison with OECD member countries. Based on the results, Serbia does not significantly differ from EU countries in terms of structure and product categories most at risk. The negative effects of imports of counterfeit products are borne mainly by the foreign intellectual property rights holders whose counterfeit products are imported into Serbia. In this context, despite the legal framework in place, incentives for its proper implementation are questionable.

Intellectual Property Protection and Standardization

2011 ◽  
pp. 166-182
Author(s):  
Knut Blind ◽  
Nikolaus Thumm
Keyword(s):  
Statistical Analysis ◽  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Leading Edge ◽  
Small Sample ◽  
The Other ◽  
Theoretical Hypothesis ◽  
Strong Position ◽  
The One ◽  
The Relationship

This chapter presents the first attempt at analyzing the relationship between strategies to protect intellectual property rights and their impact on the likelihood of joining formal standardization processes, based on a small sample of European companies. On the one hand, theory suggests that the stronger the protection of one’s own technological know-how, the higher the likelihood to join formal standardization processes in order to leverage the value of the technological portfolio. On the other hand, companies at the leading edge are often in such a strong position that they do not need the support of standards to market their products successfully. The results of the statistical analysis show that the higher the patent intensities of companies, the lower their tendency to join standardization processes, supporting the latter theoretical hypothesis.

Can Trade Liberalization Enhance Freedom of Expression? A WTO Perspective on Censorship

2012 ◽  
pp. 461-474
Author(s):  
Angelica Bonfanti
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Trade Liberalization ◽  
Intellectual Property Rights ◽  
Freedom Of Expression ◽  
The Other ◽  
Human Rights Protection ◽  
The Public ◽  
Rights Protection ◽  
The One

Pursuant to their WTO commitments, Member States shall liberalize trade in goods, services and intellectual property rights, without any exceptions apart from those expressly provided by the covered agreements. Among them is the public morals exception. This paper aims to assess whether the implementation of the WTO commitments may have the effect of removing the filters imposed by some States through censorship, and whether the liberalization of international trade may contextually function as a means for enhancing freedom of expression. In so doing the paper examines how the public morals exception should be interpreted when censorship measures, on the one hand, and human rights protection, on the other, are at stake.

scholarly journals LEGAL REGISTRATION ASPECT COPYRIGHT AND PATENT

2018 ◽  
Author(s):  
Reni alfiani
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Aspects ◽  
The Other ◽  
Paper Briefly ◽  
Legal Perspective ◽  
Personal Wealth ◽  
Commercial Value

Intellectual Property Rights is related to the protection of the application of ideas and information that has commercial value, For owners of ideas and information that has commercial value, Intellectual Property Rights is a personal wealth that can be owned and treated as same as other forms of wealth. That same treatment is like reselling or renting it. So that ideas and information that has commercial value is not used by another person who is not responsible, then there must be protection from a legal perspective. This paper briefly discusses about the two cat- egories that are protected under intellectual property rights, namely copyrights and patents. On the other side, this paper aims to provide an understanding of the legal aspects of copyright and patent registration.

scholarly journals PATEN TERHADAP APLIKASI PROGRAM KOMPUTER BERBASIS FINANCIAL AND TECHNOLOGY DI INDONESIA

2019 ◽  
Vol 3 (1) ◽  
pp. 71-87
Author(s):  
Anik Marfistasari ◽  
Ennys Kurniawati ◽  
Badzlina Putri Indraswati
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Computer Programs ◽  
The Other ◽  
Legal Problems ◽  
Other Hand ◽  
Legal Construction

Patents as Intellectual Property Rights which are included in exclusive rights that contain legal construction. It basically must provide legal protection for the application of financial and techology-based on computer programs in Indonesia, where it is given to the novelty of the invention, inventive steps contained in it; and the success of inventions that should be applicable in industries that are developing at this time. To get tsshe assurance and legal protection against fintech programs invention, it is necessary to be followed up on legislation in the field of intellectual property, especially in terms of special patents which it related the fintceh programs inventions in Indonesia, which are expected to provide solutions to the legal problems in Indonesia and to provide a clear legal direction related the fintech programs inventions, on the other hand, with the existence of the legislation in the field of special patent it is expected that can obtain balanced legal protection related to computer programs. Which must be in accordance with the purpose of the invention itself to support the maximum efforts to achieve people's welfare .

scholarly journals Ways to eliminate inflections in teaching disciplines of intellectual property

2021 ◽  
Author(s):  
Yurii Kuznetsov
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Polytechnic Institute ◽  
The Other ◽  
Negative Consequences ◽  
Technical Creativity ◽  
History Of ◽  
Kyiv Polytechnic Institute

The history of introduction of disciplines devoted to the methodology of scientific and technical creativity, acquisition, protection, protection and commercialization of intellectual property rights in the Kyiv Polytechnic Institute (KPI) is presented chronologically. The positive and negative consequences of teaching disciplines in intellectual property and patent science are analyzed. Emphasis was placed on a strategic mistake when two disciplines (one legal, the other integrated engineering creative direction) merged into one and two teachers of two different departments of KPI began to teach.

An Interface Between Traditional Knowledge and Intellectual Property Rights (IPR)

2017 ◽  
pp. 135-147
Author(s):  
Nisha Dhanaraj ◽  
Mamta Sharma
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Large Scale ◽  
Indigenous Rights ◽  
The Other ◽  
Community Interest ◽  
Other Hand

Traditional knowledge and Intellectual Property Rights (IPR), both are supplementary and complementary to each other. The aim of traditional knowledge is to promote community interest and protect indigenous rights against bio-piracy and bio-prospecting. On the other hand, IPR guarantees monopoly of a product or service to an organization and empowers it to profit from it. This article studies the present Indian IPR system to understand whether it is capable to handle traditional knowledge or should it be amended to incorporate a separate law to protect traditional knowledge. Besides, a large-scale commercialization and unauthorized use of traditional knowledge has been observed, which gives rise to the need to screen and protect it. This article also takes into consideration the Bonn guidelines and Indian Biodiversity Act 2002 and the issues related to traditional knowledge, and finds that the current issues cannot be resolved by the existing IPR regime.

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