scholarly journals A Cross-Border E-Commerce Intellectual Property Rights

2020 ◽  
Vol 4 (1) ◽  
pp. 112
Author(s):  
Linjun Cai

As an intangible property right, intellectual property is a very important economic resource, which is of great significance for merchants to enter the international market. With the development of The Times, more and more merchants begin to look globally and enter the overseas market. In order to gain a foothold and develop in the international market where intellectual property rights are more strictly protected, intellectual property rights have important significance that cannot be ignored by all businesses. Writing significance: Taking NetEase Koala as an example to further understand the IPR protection of cross-border e-commerce.

2017 ◽  
Vol 07 (03) ◽  
pp. 1750005
Author(s):  
Iftekhar Hasan ◽  
Fahad Khalil ◽  
Xian Sun

We investigate the impacts of improved intellectual property rights (IPR) protection on cross-border M&A performance. Using multiple measures of IPR protection and based on generalized difference-in-differences estimates, we find that countries with better IPR protection attract significantly more hi-tech cross-border M&A activity, particularly in developing economies. Moreover, acquirers pay higher premiums for companies in countries with better IPR protection, and there is a significantly higher acquirer announcement effect associated with these hi-tech transactions.


2014 ◽  
Vol 05 (03) ◽  
pp. 1440009
Author(s):  
Sasatra Sudsawasd ◽  
Santi Chaisrisawatsuk

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.


2019 ◽  
Vol 23 (06) ◽  
pp. 1950059
Author(s):  
QINGFENG WANG ◽  
XU SUN

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.


Author(s):  
Smith Marcus ◽  
Leslie Nico

This chapter examines intellectual property. The governing principles relating to intellectual property are very different from the principles that underlie other choses, like rights under contracts or debts. Like shares, intellectual property rights are characterized by specific statutory rules relating to their creation, as well as to their transfer. Intellectual property rights can be divided under six heads: patents; copyright; moral rights; industrial design rights; trademarks; and confidential information. In each case, the holder of the right is able—by virtue of ownership—to prevent others from doing what they otherwise could do. Each of these intellectual property rights has four different aspects: the intellectual property right itself; rights of action for infringement; validity challenges; and licensing.


2020 ◽  
pp. 1-15
Author(s):  
TE-CHENG LU ◽  
JIN-LI HU ◽  
YAN-SHU LIN

We employ a bilateral R&D spillover model to analyze how a domestic government coordinates its intellectual property rights (IPR) and trade policies and hence affects a foreign firm’s choice between export (EX) and foreign direct investment (FDI). We find that both firms’ profits increase with IPR protection if the IPR protection level in the domestic country is loose. The domestic country can coordinate trade and IPR policies and reach a high welfare level by affecting foreign firm’s entry decisions. The profitability and desirability may decrease with the strength of IPR protection and correspond to a welfare-reducing R&D.


Author(s):  
Goretti Cabaleiro ◽  
Felipe Salce

This article reviews the primary implications of having strong intellectual property rights (IPRs) for innovation in the context of the situation in Latin America. Specifically, the article reviews the relationships, as found in the literature, between strong IPR protection and important economic and innovation-related variables both for developed and developing countries. Beyond its focus on Latin America, the paper also provides evidence and explains the situation of the different IPR regimes; describes the existing regional and global legislation and initiatives; and looks into the debate regarding the effect of IPRs in developing countries.


Author(s):  
Mark Lemley

A number of doctrines in modern copyright and patent law attempt to strikesome balance between the rights of original developers and the rights ofsubsequent improvers. Both patents and copyrights are limited in durationand in scope. Each of these limitations provides some freedom of action tosubsequent improvers. Improvers are free to use material that is in thepublic domain because the copyright or patent has expired. They are free toskirt the edges of existing intellectual property rights, for example bytaking the ideas but not the expression from a copyrighted work or"designing around" the claims of a patent. However, improvers cannot alwaysavoid the intellectual property rights of the basic work on which they wishto improve. Some improvements fall within the scope of the preexistingintellectual property right, either because of an expansive definition ofthat right or because economic or technical necessity requires that theimprover hew closely to the work of the original creator in some basicrespect. Here, the improver is at the mercy of the original intellectualproperty owner, unless there is some separate right that expressly allowscopying for the sake of improvement.


2021 ◽  
Vol 75 (2) ◽  
pp. 52-59
Author(s):  
Victoria Shekhovtsova ◽  

The article is devoted to the research of the intellectual property rights system in Ukraine. Intellectual property is the result of the creative activity of any person or group of people. The author studied the categories «intellectual property» and «intellectual property right», investigated the principles of intellectual property and the system of intellectual property rights of Ukraine. In Roman law, there was the term «property», because the «property right» in its classical meaning was formed in Rome, and related to private relationships. Intellectual property is the property of a person that arose as a result of her creativity. However, for our Ukrainian legislation, the expression «intellectual property» is «terra incognita». Yes, intellectual property is studied by such branch legal sciences as: civil law, administrative law, international law, and others. Formed the State Service of Intellectual Property, but the organization of the state system of legal protection of intellectual property, in our difficult times, wants a better one. In the legal literature on intellectual property issues various definitions of «intellectual property right» are given. From a subjective point of view – this is a subjective right, and from an objective point of view – a civil law institute, a set of legal norms that regulate relations in the system of creation and protection of intellectual property. Man, his freedom and rights are the most important value of evolutionary development of society, which manifests itself in the growth of the intellectual potential of the population of each country. Only man possesses intelligence, creative potential and creative abilities. In addition to it, on earth, no living creature can create. Creative activity is the most important aspect of human life, which allows you to convey your talent to society. The consequence of this activity is something new, unique, unique and original. The accumulated products of the human mind are the heritage of the nation, which determine its further development.The Constitution of Ukraine guarantees to the citizens of the state freedom of scientific, artistic, literary and technical creativity, protection of intellectual property rights, moral and material interests arising in connection with various types of intellectual activity. Every citizen has the right to the results of his intellectual, creative activity; no one can use or distribute them without his consent, with the exception of the statutory provisions. The intellectual potential of the nation, in the form of improving education, production, culture, science and technology, needs constant support from our state. The Civil Code of Ukraine for the first time in our national legislation was given a formal definition of the right of intellectual property, as the rights of the individual to the result of intellectual, creative activity or other object of intellectual property rights.


Author(s):  
Phan The Cong

Creative industries have been seen to become increasingly important to economic well-being, with proponents suggesting that "human creativity is the ultimate economic resource," and that “the industries of the twenty-first century will depend increasingly on the generation of knowledge through creativity and innovation.” The term creative industries, refers to a range of economic activities which are concerned with the generation or exploitation of knowledge and information. Development of creative industries will contribute to the awareness and protection of intellectual property rights and copyrights in the creative industry, in order to meet the WTO’s requirements on intellectual property rights. Government support for creative industries will help create a healthy competitive environment for businesses in the industry. It is important for Vietnam’s businesses to select a proper orientation and gain a suitable position in the global creative economy. The creative service sectors of great strength in Vietnam, which are also in need of investment are: design, art, education, tourism, performing arts, fashion, handicraft, culture, foods, and others. Additionally, empirical investigations in the present study reveal that creative industry indicators have a positive and significant influence on the economy and financial sectors. This study’s findings are highly recommended to government officials, economists, and anyone else working to make strategic decisions to achieve better economic results.


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